Superannuation claim lawyers

You can lodge a superannuation insurance claim as soon as you are unable to work due to illness, injury or any other medical reason.

The exact process of making a superannuation insurance claim will depend on which benefits you are eligible for, such as:

• Total and Permanent Disability (TPD) benefits
• Income protection benefits
• Terminal illness benefits
• Death benefits

However, there are seven key steps you're likely to go through when making a claim, including:

1. We listen to you and gather details
2. We investigate your entitlements
3. We discuss your case with you
4. We obtain any necessary evidence
5. You visit your doctor so they can complete a Medical Attendant Questionnaire
6. We submit your claim
7. Your case is resolved
   • If your claim is successful, your benefits will be paid to you as quickly as possible.
   • If your claim is declined, we will review your claim and explain any further action you can take.

For disability benefits claims, you will need:

• A claim form
• Medical reports that support your claim
• Relevant documents from medical and other authorities
• Relevant tax records and written submissions

For death benefits claims, you will need:

• A claim form
• Documents showing your relationship to or financial dependency on your deceased loved one

Our team can help you find and complete complicated claim forms and make sure you submit all the right information. This will give you the best chance of successfully claiming your insurance benefits.

Yes, but usually only one or two. The insurers may require you to attend one or two independent medical examinations with a doctor before they can assess your claim. We can provide advice about your rights to object to its requests.

If you’ve made a TPD claim, your claim will probably stop but you could still be eligible for partial disability payments. This will depend on:

• The type of work you have gone back to do
• The circumstances in which you return to work
• Whether you return to work successful or not
• The insurance policy wording

It’s always worth getting in touch with us to be sure.

Yes, you can have multiple TPD claims if you are a member of more than one super fund. Juggling numerous claims simultaneously can be a challenge so seeking legal advice is always recommended.

Dependents of a deceased person are eligible to make a claim on that person’s superannuation death benefits. Some examples of dependents include:

• A surviving partner (including legally married, de facto and same-sex partners)
• Surviving children
• Anyone else who was financially dependent on the deceased person

You can also make a claim on your own death benefits if two doctors certify that you are suffering from a terminal illness and have less than 24 months to live.

Yes, absolutely. If you lodge a complaint about your super fund or insurer’s decision, they will begin a formal review process. During this process, you can submit additional medical and other evidence to support your claim.

It’s important to do so promptly because there may be strict time limits. 

Yes. You can appeal to the Australian Financial Complaints Authority (AFCA). You may also be able to pursue your claim through a court.  Important time limits apply which the trustee/insurer won’t warn you about, so you should get early advice about your rights.

If you want to appeal a decision, we highly recommend getting help from your local Maurice Blackburn expert lawyer to increase your chances of overturning the decision.

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

The type of claim you are making will dictate what your super fund or insurer requires from you.

If you want to make a TPD claim you usually need to show that because of your injury or illness:

• You cannot do your job
• You cannot do any other job that you have had training or experience in

If you want to make an income protection claim you usually need to show that you:

• Cannot do your job
• You’re not currently being paid for any work
• A doctor is treating you

The specific criteria for claiming benefits are different in every policy so it’s important to get expert help before you lodge your claim.

The Life Insurance Code of Practice requires an insurer to decide on a TPD claim within six to twelve months depending on its complexity. The time limit is shorter for income protection claims.  Some claims might be assessed sooner if they are fairly straightforward. However, the exact time it will take for your claim to be assessed will depend on the nature and complexity of your case. 

If the insurer fails to accept a claim in a reasonable time you can make a claim for interest.

Most insurance policies require a claim be notified as soon as possible after the date you cease work. Whilst it’s best to lodge a claim as soon as possible, there are legal protections that may allow claims to be successful years after ceasing work, so it's important to get advice about your rights. 

Remember, the sooner your claim is lodged, the sooner your fund or insurer can assess it and come to a decision that, if successful, will help relieve some of your financial burdens.