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Technician wins TPD benefit of $290k within 5 months

Case Overview
  • In 2014, our client was diagnosed with left ureteric colic and a left upper ureteric calculus, their condition continued to escalate until becoming unable to work in 2016.
  • The solicitors at Gerard Malouf and Partners were able to make note of our client’s poor prognosis, assess his situation and quickly prepare submissions to the Superfund and Insurer.
  • Applying various pressure tactics and ensuring our clients rights were protected, the matter was resolved in less than 5 months for the full benefit of $290k.

Our client was a 59-year-old man who previously worked as a Technician for 20 years.

In late 2014, our client observed the onset of pain symptoms in his left lower back. The severity of his symptoms increased over a short period of time, causing him to present to the Emergency Department at Wagga Base Hospital. During his admission, he was diagnosed with left ureteric colic and a left upper ureteric calculus. Our client’s condition continued to escalate until he became unable to work in 2016 by which point, he was suffering chronic kidney disease. Overtime, his condition became co-accompanied by fatigue, sleeping problems, nausea, decreased cognitive ability and muscle cramping rendering our client significantly functionally disabled.

By the time our client contacted Gerard Malouf & Partners, he found himself in the midst of financial ruin and had been living out of his car with his dog.

Our Approach

Appreciating the severity of both our clients condition and financial situation, our office proceeded to investigate and prepare our clients claim. To support the claim, we obtained extensive medical, employment and other documents that best encapsulated our client’s circumstances. We actively liaised with the Superfund and Insurer however during the assessment process, despite being provided with extensive evidence, the superfund continued to insist on further information including details in relation to employment that had already been served. The superfund presented various obstacles causing delay in the assessment of the claim which GMP was able to swiftly overcome.

Applying various pressure tactics and ensuring our clients rights were protected, the matter was resolved in less than 5 months for the full benefit. Our client was greatly relieved to know that the insurance benefit had become payable and could assist in his care, the care of his young children and man’s best friend; his dog.

The solicitors at Gerard Malouf and Partners were able to make note of our client’s poor prognosis, assess his situation and quickly prepare submissions to the Superfund and Insurer. It is important to seek the right advice and select the services of experts who can assess your situation and pursue every entitlement available to you.

The Result

Our claim was approved for Total and Permanent Disability within five months for the full benefit of $290,000.

Frequently Asked Questions

More Information

In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.

It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.

TPD stands for Total and Permanent Disability, and is usually attached to life insurance provided by your superannuation fund. It delivers a lump-sum payout if you have a medical diagnosis indicating that your life has been irrevocably changed and you will most likely never be able to work again.

TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.

Total and permanent disability (TPD) insurance is designed to provide financial support to people who have suffered life-changing injuries or illnesses and are unable to return to work.

But there are many examples of where someone may be deemed totally and permanently disabled, yet they later rejoin the workforce.

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About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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