Superannuation
Lawyers

No, your incapacity does not need to be work related. For example, if you have been in a car accident and are unable to continue working, or if you are suffering from a serious illness that stops you from continuing to work, you can apply to receive these benefits.

Funds differ in their criteria and requirements. Whether the member is entitled to claim or not depends both on the terms of the ‘trust deed’, as well as the terms of the specific Insurance Policy.

For example, the Insurance Policy of a particular fund provides a definition of IP and TPD. These definitions can differ from Fund to Fund and Policy to Policy. Usually IP is payable ‘if a member is unable to do the member’s own job from month to month’ and usually a TPD is payable only ‘if the Insurer determines that the Member has been absent from work due to disability for a period of at least six months and in the opinion of the Trustee of the Fund the Member is unlikely ever again to engage in any profession, trade or occupation for which the Member is reasonably fitted by education, training and experience’.

Firstly, you need to provide us with your Superannuation Fund Financial Statement dated at the time you stopped work and/or at the time your injury occurred (which ever is the most relevant).

This Statement will indicate whether you were insured at the relevant time and the amount of Insurance you held at the relevant time.

You will also need to provide us with any medical evidence in your possession that will indicate that you were and continue to be unable to return to work, as per the definition of the Fund (see above). Subject to you authorising us to act on your behalf, we can request medical reports from your treating Doctors and appropriate Specialists regarding your injuries or illness with a view for making a claim on your behalf for your insured benefit.

In this case, the Superannuation Team are often in an advantageous position to be able to make a better assessment of the likelihood of a successful claim for Superannuation Insurance benefits because we will usually have in our possession vital medical information from your previous CTP, WorkCover or Personal Injury case.

We cannot give an accurate time frame in the finalisation of your claim as every Superannuation Fund is different in its requirements, and every claim is different in its facts. However, we have a dedicated team and each member of the team specialises in specific Superannuation Funds to ensure that the requirements of each Fund are attended to methodically and consistently to ensure a speedy finalisation of each claim.

If claims are rejected by the Insurer we are also in a position to appeal the decision and/or initiate court proceedings to have the decision reviewed. This is a rare occurrence and most claims are settled out of Court.