Superannuation claim

Claiming superannuation and superannuation insurance

Your superannuation can be claimed when you retire and under some special circumstances, including when you are unable to work due to an injury or illness. Maurice Blackburn has Australia's largest superannuation claims team, so we can help you get everything you’re entitled to.

If you're unable to work due to an illness, injury or disability, you may be able to claim a lump sum insurance payout from your superannuation fund. You may also be entitled to access your superannuation account balance.

Your illness or injury does not have to be work related for you to be entitled to early access.

What are your entitlements?

Our superannuation claims team can check your policy, make sure you are covered, and help you obtain total and permanent disability (TPD) benefits, income protection benefits, terminal illness benefits, and death benefits.

If you've had a superannuation insurance claim rejected, your benefits were not paid in full, or if you’re having problems with your insurer, get in touch. The Maurice Blackburn team fights for fair every day.

Why Maurice Blackburn?

Maurice Blackburn's superannuation and insurance claims lawyers and claims team are experts who work hard every day to obtain fair outcomes. We can help you to gain early access to your funds when you need them the most. And we understand the importance of having someone in your corner when you're taking on a well-resourced insurance company.

We offer 'no win, no fee'* arrangements for these types of cases, which means that you don’t have to pay for our legal services if we don't win. We have superannuation and insurance claims lawyers in Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra and throughout Australia.

We have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia. 

Contact us today to receive a free superannuation and insurance check and to find out how we can help.

All you need to know about superannuation insurance

Most superannuation policies have insurance elements which are there to protect you if you can't work for any medical reason. We’ll explain who can make a claim and how the legal process works.

Robert's story - Superannuation claims
'It was a very, very frustrating time and I just didn't know where to turn.'

Kim Shaw

Executive Director, National Head of Personal Legal Services, Melbourne

'I am passionate about helping people know their rights and ensure they receive their lawful entitlements at a time of significant disruption and anxiety in their lives.'

Frequently Asked Questions

When can I lodge a claim?

You can lodge a superannuation claim as soon as you stop work. This means you can:

  • claim super insurance benefits when you can't work due to illness, injury or disability
  • claim your super account balance as a lump sum or in instalments once you have retired.

Can I have more than one TPD claim?

Yes, you can have multiple total and permanent disability (TPD) claims. This will usually be the case if you are a member of more than one superannuation fund.

What papers should I lodge with the claim?

For disability benefits claims you need a claim form, medical reports that support the claim, relevant documents from medical and other authorities, relevant tax records and written submissions. It is really important to get help with a claim.

For death benefits claims, you need a claim form and any papers showing your relationship to the deceased and any financial dependants.

Our team can help with the complicated forms and make sure all the right information is submitted, setting you up with the best chance of successfully claiming your insurance benefits.

Will I have to go to insurance doctors?

Yes, but usually only one or two. The sessions are known as Independent Medical Examinations.

What if I go back to work?

Your TPD claim will probably stop but you might still be eligible for partial disability payments. It depends on the type of work being performed, the circumstances in which you return, and whether it is a successful return to work. It is always worth contacting us to be sure.

Who can claim super death benefits?

Any dependants of the deceased or their estate can claim super death benefits. This includes a legally married spouse, de facto partner (including same-sex partner), children, financial dependants and inter-dependants.

Death benefits can be claimed by the super policy holder before they die if two doctors certify that the person suffers from a terminal illness and has less than one year to live.

If you want to contest super death benefits, it is important to contact a lawyer immediately.

Can I complain about the trustee/insurer's decision?

Yes, but do so immediately because there is usually a 28 day time limit. You can lodge an internal complaint and the trustee has 90 days to make a decision.

Can I appeal to a court or tribunal?

Yes. You can appeal to the Superannuation Complaints Tribunal but there is usually a 28 day time limit. You can also appeal to a court. Get legal help.

What legal fees are involved in making a super claim?

Maurice Blackburn represents clients making super claims on 'no win, no fee'* basis, which means you don't pay our legal fees if we don't win your claim for you.

No win, no fee*

Our superannuation claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

Our fees and agreements

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