Do You Need A Superannuation Lawyer?
Watch our Senior Superannuation Lawyer Carl Mickels explain the benefits of hiring Firths.Steady support in challenging times
You’ve worked hard to provide for your family. To enjoy a lifestyle, and to meet your loved ones’ needs.
But if you’ve suffered a total and permanent disability (TPD), you may be unable to work. Unable to earn an income. Unable to pay your bills and unable to support the people who depend on you.
It’s scary, stressful and uncertain, and you may not know where to get help.
But the good news is, we’re here for you. We offer a steady hand to guide you through, supporting you and your family. We’ll explain the law in straightforward language and help you secure the best possible financial payout.
You can trust us to help you through
When choosing a TPD superannuation lawyer, you need a rare combination of skills. Not only a broad knowledge of superannuation law, but you also need a person who’s with you from beginning to end: from the first meeting to the final payout. When you choose us, you’ll work with a superannuation lawyer who will expertly and sensitively guide you. They will take time and care to understand your situation and the pressures that come with a TPD.
With our significant experience in disability insurance claims and our impressive success rates, we’re also proud that many of our clients’ claims are paid without delay.
We’re proud that so many people trust us with their claims, and we’re ready to help you too.
Our experience in superannuation TPD claims
Superannuation TPD claims often settle without going to court. However, in the rare cases that require a court hearing, our lawyers get excellent results. No other law firm in Australia has achieved as many successful judgments for their clients. Here’s a selection of some of our wins:
- We successfully challenged an insurer’s rejection of a TPD claim where the medical reports had differing opinions about the claim. Read more
- Our case considered whether part-time work could be categorized as suitable employment. Read more
- Our client’s injuries were found to be “total and permanent disablement.” Read more
- A court decided that insurers must genuinely consider a superannuation claim for TPD. Read more
- An insurer had unreasonably delayed a decision about our client’s superannuation TPD claim. Read more
- The insurer was ordered to pay interest to our client for withholding payment on a claim. Read more
- Our client was awarded more than $1.4 million after the insurer wrongly rejected the claim. Read more
- Our client was found to be totally and permanently disabled after the insurer had initially rejected their claim. Read more
- A court determined the date from which interest should be calculated on our client’s superannuation TPD claim. Read more
- Our client was found to have a valid income protection policy. Read more
- Our client was entitled to a TPD benefit of more than $465,000. Read more
- A court allowed our client to reopen his claim after the superannuation trust had rejected it. Read more
- The insurer acted unreasonably in not having decided our client’s claim within three months of making the claim. Read more
- Our client was awarded $200,000 damages for the insurer’s “gross unreasonable delay”, in addition to the $310,000 benefit. Read more
- A court accepted our client’s case for a TPD claim after the insurer rejected it. Read more
- Our client’s case for a TPD claim was accepted by a court. Read more
- A legal decision noted that fairness is a relevant consideration for an insurer. Read more
- Our client challenged the insurer’s decision to refuse his claim for a $100,000 benefit. Read more
- A court considered whether our client was totally and permanently disabled after the superannuation fund rejected his claim. Read more
- Our client was found to be totally and permanently disabled. Read more
DIsability benefits through your TPD claim
People on the disability support pension are entitled to receive disability benefits following their application and grants to disabled person(s). People need to know that they are entitled to contact superannuation solicitors seeking superannuation legal advice. These TPD lawyers such as Firths, specialise in assisting persons on a disability allowance claiming their superannuation insurance.
Frequently Asked Questions
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What is total and permanent disability insurance?
What is total and permanent disability insurance?
Total and permanent disability insurance is also known as TPD insurance. It covers you with a lump sum of money if you’re permanently disabled or injured.
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How do TPD superannuation claims work?
If you can no longer work due to illness or disability, and you have superannuation, your superannuation fund may have insured you for Total and permanent disability (TPD) or income protection. In many cases, your fund may have insured you for both TPD and income protection.
This insurance cover is additional to your superannuation account balance. Sometimes, it’s worth hundreds of thousands of dollars.
If you want to find out whether your superannuation fund has TPD insurance, income protection insurance, or both, contact us for a free consultation.
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If I have more than one superannuation fund, can I make more than one claim?
If you have had different employers during your working life, you may have various superannuation funds. This is common if your employers use preferred funds, such as industry super funds.
If you have any superannuation funds that provide insurance cover, you may be able to claim under each fund.
When you choose us as your superannuation lawyer, we will investigate whether you can claim under each (or any) of your superannuation funds. Then we get the claim process underway. Many of our clients have claimed from major superannuation funds, including:
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What happens if the insurer rejects my claim?
Sometimes, an insurer rejects a TPD superannuation claim. There are many reasons why this may happen. Our processes help to reduce the chances of rejection. For example, we:
- Take detailed instructions from you about your claim and the circumstances surrounding your injury or disability
- Thoroughly consider and analyze all the information
- Apply the law to the information
- Use our experience to assess how the insurer may deal with your claim
- Discuss the issues and challenges with you at every stage of the process
If the insurer rejects your claim, we know that the idea of challenging the decision may feel overwhelming. But we know from our decades of experience that often insurers rely on claimants feeling this way, which means that these decisions are often not challenged.
We’re experienced in handling rejected claims and challenging insurer’s decisions. If an insurer rejects your claim, get in touch with us to find out how we can help.
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What can I do if I have other TPD insurance in addition to my superannuation policy?
If you have extra private insurance for TPD that isn’t part of your superannuation policy, we can help you:
- Claim under that policy; and
- Manage any other claims under your superannuation policy
Private insurance claims are sometimes known as retail claims.
For more information about these services, visit our TPD retail claims page.
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Will I have a lawyer to manage my case?
While many other law firms use legal assistants as the main contact for their clients, we do things differently. As our client, your lawyer will be the main point of contact for your case from beginning to end. Our legal assistants provide invaluable support to our lawyers in managing and organising each case’s progress.