The importance of having a lawyer for a Superannuation Insurance claim

Published on 12 October 2021
It can often be a difficult and stressful time if you are unable to work due to an injury or illness. There are a number of reasons why it is important to have a lawyer when making a superannuation insurance claim.

Knowing your rights and what you can claim

We will obtain the requisite information from your superannuation fund and quickly assess your circumstances to determine if you have a viable claim. Our lawyers have the skills and experience necessary to navigate through complicated and lengthy insurance policies and trust deeds, identify and advise you of potential eligibility issues and advise you of your rights and what you can claim.

Different superannuation funds and insurers have their own definitions of Total and Permanent Disability (“TPD”). For example, your occupation may determine which TPD definition is applicable to the assessment of your claim. If your occupation is classified as a ‘Special Risk Occupation’ then your claim will be assessed against extremely difficult TPD definitions that require evidence that you have suffered a total and irrecoverable loss/use of limb(s) or sight, that you are unable to perform two or more ‘Activities of Daily Living’ without the assistance of another adult person (such as bathing or eating) or that you have suffered a permanent loss of intellectual capacity requiring the ongoing care of another adult person. If such stringent TPD definitions are applicable to your claim, one of our lawyers will determine and ensure the best approach in submitting your claim.

Ensuring that only relevant evidence is provided for the assessment of your claim

In addition to the necessary claim forms, you will be required to provide further evidence in support of your claim. We will determine, obtain, and cover the cost of the evidence necessary for the assessment of your claim. Having one of our lawyers involved is essential in ensuring that the paperwork and additional evidence submitted to the superannuation fund is accurate and relevant which in turn will help streamline and expedite the claims process.

Managing your claim and dealing with unreasonable requests

We manage your claim from the beginning up until you receive your insurance benefit. Throughout the claims process, we deal directly with the superannuation fund’s insurer on your behalf, making sure that any request for further information is provided in a timely manner. We have a thorough understanding of the claim requirements, and we will identify any unreasonable requests which can often add to the delay in the assessment of your claim. We aim to ensure a stress-free and transparent claims process for you.

Dealing with denied claims

If your claim is denied, one of our lawyers will advise you of your rights to challenge the decision. We will advise you of the best course of action for you which may include issuing proceedings in court. We understand that going to court can be daunting, however, our dedicated lawyers will support you and guide you through the entire process.

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