While we all strive to live happy and healthy lives, illness and accidental injury are never far away, and for many people, a life changing event could result in a total disability. It might be the result of a serious accident, or perhaps a chronic disease, and if a person is unable to work, they are eligible to claim for TPD under the terms of their superannuation fund. Each policy would have its own requirements, and providing they are met, the claimant would receive an award.
Claim Requirements
In order to make a TPD claim, the superannuation member must meet the requirements which would include:
- To be unable to work through illness or injury.
- To have ceased work due to the illness or injury.
- To be under the age of 65 at the time of work cessation.
- To have a valid insurance policy at the time of work cessation.
If all of the above conditions are met, the claimant can begin to put together a case to present to the superannuation fund manager, and your superannuation lawyer would handle this.
Complete History
The lawyer would require medical reports and any documentation that might be relevant to your claim, and would also make contact with the client’s Superannuation Fund, in order to ascertain claim validity and to request the relevant forms for the claim. Third parties need to be contacted and these would typically include the previous employer and any medical practitioners that have treated the claimant, and once everything is complete, the lawyer would submit the claim. The Fund’s Trustee would be the one who determines the amount of payout, and in the event the claimant disagrees with the decision, there are provisions whereby the case can be referred to the Superannuation Complaints Tribunal.
TPD Claim Benefits
There are two main types of payment, with the first being a lump sum payout, which is based on the policy cover, and the second is the early release of the claimant’s accumulated superannuation. The Fund Trustee would decide the amount payable, and if the claimant does not dispute this, the matter is then settled.
Case Review
In the event the claim is rejected, and there is additional evidence that comes to light, the claimant can request a case review, and if this is also denied, it is possible to challenge the decision in court. Some people who feel they have a legitimate claim are reluctant to proceed, as they are concerned about hefty legal bills, but in certain situations, the superannuation lawyer will take the case on a “No Win-No Fee” basis.
There are online legal practices that specialise in TPD claims, and in the event a person feels they should make a claim, a simple online search should point them in the right direction. Once you have made contact with the right lawyer, they can quickly establish the validity of the claim and advise accordingly.