Our client, a 44-year-old man who held certificates in Hospitality and Business Sales, was last employed as a Sales Representative within the customer service industry. During 2015, our client sustained a back injury resulting in chronic pain and various restrictions in mobility eventually forcing him to cease work around March 2016.
Our Client engaged the services of Gerard Malouf and Partners to assist with lodging a Total and Permanent Disablement claim.
In preparation, Gerard Malouf and Partners obtained various medical, employment and other documentation prior to lodging our clients claim. The way a claim is prepared can impact on the stage at which a matter is resolved and whether or not it is resolved successfully. Engaging a reputable professional service helps ensure a claim is appropriately prepared and can move to resolution within a reasonable timeframe.
In this case, we argued that the client’s limited ability to sit, stand and drive for prolonged periods had severely impacted his capability to perform work within his education, training and experience.
Further, as our client’s employment history was confined to customer service roles, he did not possess the skills to perform alternative employment roles particularly in light of his restricted mobility.
The principle established in Sayseng v Kellogg Superannuation Pty Ltd [2007] NSWSC 583 was implored to remind the Superfund and its Insurer that a “realistic and common sense” approach is required in the assessment of a claim, rather than consideration of a theoretical possibility with respect to the client and his ability to return to work.
We actively liaised with the Superfund and Insurer throughout the assessment process to facilitate the speedy progression of the claim and ensure the client’s rights were protected throughout the process.
Our client was very pleased when his claim settled in less than two months entitling him to his full insured benefit of $134k without having to commence court proceedings. We are currently in the process of claiming against a second insurance policy, and are hopeful of a similar outcome.
When choosing a legal professional to assist you with your superannuation claim, it is important to seek the expertise of professionals who are 100% committed to ensuring your claim is fairly assessed.
