Superannuation & Insurance Claims

If you’re unable to work due to illness or disability, then you might be entitled to benefits through your superannuation, life insurance or other insurance policies.

Geldard Sherrington Lawyers can help you with:

  • Total and Permanent Disability (TPD) claims
  • Income protection claims
  • Life Insurance or Death Benefit claims

Total and Permanent Disability (TPD)

If you’re sick or wounded and have been off work for three months or more, then you may be eligible for a TPD insurance benefit.

If you’ve suffered illness or injury and you can’t do the work you once could, you may be able to claim a Total & Permanent Disability (TPD) insurance benefit.

A TPD claim is a lump sum payment paid to an individual following injury or illness that prevents them from returning to work in same capacity.

Income Protection

If you have this type of insurance and can’t work, you may be eligible to receive a monthly benefit for a set period of time that pays up to 75% of your gross income.

Life Insurance or Death Benefit claims

A lump sum will be paid to the nominated person (usually a spouse or child), upon the insured person’s death.

Most insurance benefit claims can take between twelve and eighteen months to be assessed by a fund or insurer. In less complex cases, it’s possible for it to be assessed earlier – it just depends on the nature of the case.

Superannuation funds and insurers don’t always get decisions about your claim right. If a fund or insurer has rejected your claim, you can appeal their decision and they’ll have to undertake a formal review process. If necessary, fresh medical evidence can be submitted in support of your claim. If your claim is rejected again, there’s still a chance that you can successfully appeal your claim through the Courts.

Time limits apply for various insurance claims so it’s best to seek legal advice as soon as possible. With regards to superannuation claims, generally speaking there are no time limits, but a claim should be lodged as soon as possible.

There is a six year time limit to file court proceedings in most cases. Usually that six year period commences when a fund or insurer rejects your claim for the first time, but that is not always the case. It’s important to seek accurate and expert legal advice as soon as possible to ensure your rights are protected. There is also a two year time limit to file a complaint in the Superannuation Complaints Tribunal.