Superannuation & TPD Lawyers Perth, WA
Total and permanent disability (TPD) insurance is a type of insurance that allows you to claim superannuation benefits and lump sum payment if you become totally and permanently disabled to work. Superannuation TPD benefits usually include
You may be entitled to claim superannuation benefits regardless of where you were injured. Total and Permanent Disability insurance could range but is generally on average anywhere between $50,000 – $350,000, and income protection benefit of up to 95% of your average wage may be paid in instalments. Our superannuation lawyers who are conveniently located in Perth can help you get the maximum possible insurance benefits from your superfunds.
How to make a claim in Perth?
You can simply contact our superannuation lawyers in Perth and other suburbs in Western Australia for a free claim check, or follow the steps below:
Contact your superannuation fund and request your superannuation insurance policy to understand your eligibility.
Show that you are permanently unfit for your usual occupation, or any other occupation, depending on the policy, for which you are qualified based on your education, training and experience.
Provide evidence to support your claim such as but not limited to medical reports from your GP, details of your work duties, payslips, tax returns or medical reports.
How much of a payout can I expect from a superannuation insurance claim?
The amounts you are entitled to depend on the type of insurance policy you have; this information is usually included in the fine print of your policy or statements.
The TPD payments amounts typically range
- $70,000 and $200,000 for older adults;
- $200,000 and $800,000 for younger adults;
- Go up to $2,000,000 in some cases.
It is important to contact a superannuation lawyer who has significant experience in this area as each policy can be quite difficult to understand especially in determining your eligibility in successfully recovering the TPD amount. In addition, you need to be aware that you could make multiple superannuation claims if you have multiple superfunds that contain TPD insurance.
How long does a superannuation claim take?
The decision of a superannuation claim is usually made within 3 months after the lodgement of all relevant supporting documents. There are also some circumstances where the decision might come later if the superannuation insurer does not have all the relevant documents and is unable to make a decision. On contrary, the decision might come earlier such as if you are suffering from a terminal illness.
Please contact our superannuation lawyers in Perth if you have lodged a superannuation claim and the decision hasn’t been made longer than 3 months, and we will investigate the reason behind it.
How much do lawyers charge for superannuation claims in Perth?
At Withstand Lawyers you do not have to pay for out-of-pocket expenses, such as the medical reports required for your claim. In addition, we have a clear No Win No Fee Policy. Our No Win No Fee policy for Superannuation Claims means that do you not pay us anything unless we are successful in obtaining you a financial outcome. If you decide for us to act on your behalf, we will take the risk out of the unknown, given personal injury claims is all we do.
Can I return to work after a Superannuation TPD payout?
Generally to be eligible to make a TPD claim your health condition, illness or injury needed to be the reason why you could no longer work. It also needs to be the reason why you can no longer work into the future within your education, training or experience. However, making a TPD claim does not necessarily bar you from ever working again. In fact here are 3 possible scenarios we have seen with our clients:
The position you commence working in is not something you have done before and as such you didn’t know if you could do it or not. For example, you could have only been qualified and/or trained to be a carpenter but never worked in sales and although you may never return to being a carpenter, you decide to try working in sales.
Your health condition, illness or injury significantly improved after treatment and/or a long period of time that you did not expect would occur. For example, we have seen many clients who have unfortunately had cancer and thought they would never be able to continue living let alone return to the workforce improve to the point where they return to work. This is a highly positive scenario and brings us immense joy.
Another scenario our TPD lawyers have seen is that despite making a TPD claim you decide to try getting new qualifications and/or retraining in another field that you never had qualifications/experience in to keep going and not give up.
What to do if my TPD Superannuation claim is refused?
Insurance companies can sometimes make incorrect decisions, but you are entitled to Apply for a review, complain to the Australian Financial Complaints Authority (AFCA) and /or challenge the decision in Court.
If you find yourself in such a situation, feel free to contact our senior TPD lawyers in Perth to understand your entitlements. As noted here only 65% of TPD claims lodged were accepted by insurers.
What evidence do I need to provide with my TPD Superannuation claim?
Assuming of course that you firstly have TPD cover and that your circumstances meet the insurance eligibility of your TPD cover, the most important evidence is medical. As TPD benefits are mainly only paid, depending on your insurance policy, if you are medically deemed unable to work, in any occupation that you are suited in by education, training and experience, medical evidence is critical. If you don’t have medical evidence that supports you as being TPD, your TPD claim will most likely be refused. Other evidence that is important to be provided with your TPD application is your resume or evidence of your education, training and experience as the insurer looks at that and your medical evidence together in determining whether you meet the definition and policy or not.
Our TPD lawyers pride ourselves in reading your policy which is usually over 20 pages long and making sure you understand what it means for you and whether or not you will be eligible to make a TPD claim from the start. If we think you are eligible to make a TPD claim our TPD lawyers request and obtain all the required evidence on your behalf. Contact our No Win No Fee TPD Lawyers today and allow us to do our job.
According to an ASIC report out of the review it conducted, it found only 65% of TPD claims were accepted by insurers. Superannuation TPD claims are complex, and the legal process requires sufficient expertise in that area to receive what you are entitled to. Our superannuation lawyers have been helping people in Western Australia on a no win no fee basis; meaning that you only pay for our superannuation lawyers’ legal fees if you receive a lump sum payment.
Our experienced superannuation lawyers can assess the details of your superannuation policy without you being too worried about meeting the requirements and navigating through policies and definitions. Also, if you have an ongoing claim, our lawyers can assist you regarding how to move forward if your claim was rejected by your insurer or superfund.
Superannuation claims can be refused for many reasons. Some of the most common potential reasons are as follows:
- having an inactive or invalid policy
- failing to disclose pre-existing injuries.
- not meeting the disability that is outlined in your policy
- not having work history requirements
- not providing convincing medical evidence to support your superannuation claim
Your claim’s outcome depends on your insurer’s decision. Even though you think that you have provided all the evidence you can obtain, it might not be sufficient for the insurer. If you are frustrated due to that reason, you can reach one of our superannuation lawyers in Perth. We will help you understand and receive the highest possible superannuation benefits.
You have different options if your TPD claim is refused. Time limits are also dependent on whether you have complained to the insurer or not. If you have made a complaint to the insurer and they maintained their decision, you have 2 years to make a complaint to AFCA, otherwise, it’s a 6-year time limit to make a complaint to AFCA.
Yes, you can if you are a member of more than one superannuation fund at the time that you have suffered an injury or illness and stopped working, you will be able to claim a superannuation benefit from each superannuation fund.
The answer is no. You do not have to be in Perth to make a superannuation claim. Our superannuation lawyers are conveniently located throughout Western Australia. Our lawyers also offer home visits for our injured clients; feel free to call us on 1800 952 898 or fill out the free initial consultation form.
Why trust our superannuation lawyers in Perth?
TPD Insurance is usually claimed once in a lifetime; meaning that you haven’t gone through this process before. Legal procedures can be challenging for people who are inexperienced. Our experienced superannuation TPD lawyers in Perth have assisted thousands of people, and we ensure the success of your superannuation claim, and we can:
- communicate with your insurer on your behalf;
- collate all the important facts and details;
- advise you on your eligibility prior to making a superannuation claim;
- ensure you receive the full superannuation benefits that you are entitled to;
- challenge the insurer’s decision if it denied your superannuation claim.
Contact our lawyers no matter how or where you were injured, or whether or not it was your fault. You can reach our lawyer thoughout WA in Perth, Bunbury, Geraldton and Albany.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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