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35-year-old woman has TPD benefit of $401k approved within 4 months

Case Overview

Ms W was a 35-year-old woman employed as a Beauty Therapist and an Office Manager when she became totally and permanently disabled.

In mid-2013, our client was driving down a highway at night when a vehicle merged into her lane and pushed her off the road into some trees. Thankfully, she was able to get herself out of the car and drive home afterwards. However, in the days following she developed serious symptomatology: a frontal headache, tenderness, neck pain/stiffness and was forced to attend the emergency department. As a result of the accident, our client sustained injuries to her neck, back and shoulders with ongoing chronic pain. She was also subsequently diagnosed with chronic adjustment disorder and depression.

When you are involved in an accident, the extent of your injuries and symptomology may not necessarily be immediately apparent. Some may develop or become worse over time and may impact you in ways you cannot predict, including your ability to work. Ms W’s doctors opined that surgical intervention would be required and that her prognosis was poor.

Our Approach

Our client engaged Gerard Malouf & Partners in relation to her motor vehicle accident and in light of her cessation of work was identified by our solicitors as potentially having a further entitlement for total and permanent disablement.

As part of our services, a Lost Super Search was undertaken which revealed that Ms W A in fact held active insurance which she was completely unaware of. Our team obtained and reviewed policy documentation, extensive medical/employment evidence and lodged a claim on behalf of Ms W. After attending to requests for further particulars, Ms W’s claim was approved within 4 months of lodgement in the sum of $401k.

At Gerard Malouf and Partners, we recognise the importance of being proactive even once a claim is submitted. Once the claim was submitted, our team continued to chase up the fund, attend to its requests to ensure our client’s claim was fairly and quickly assessed. This meant that not only was our client’s benefit paid out in full, but it was done within a reasonable timeframe without having to resort to court proceedings.

Have you sustained an injury or illness and are unable to return to your pre-injury work? Contact Gerard Malouf and Partners on 1800 004 878 for a free consultation with one of our superannuation solicitors to discuss your rights.

The Result

The claim was approved in full in less
 than four months after lodgement for 
over $401, 000.

Aadil Ahmed Lawyer Photo

Aadil Ahmed

Senior Associate
Every step towards the goal of justice requires sacrifice, suffering and struggle; the tireless exertions and passionate concern of dedicated individuals” – Martin Luther King
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