Superfund Tries Not To Award TPD Payout
- Our client was diagnosed with anxiety, depression, and PTST from being subjected to physical, verbal, and emotional abuse.
- Our client approached Gerard Malouf & Partners to investigate her TPD insurance claim.
- Our experienced Solicitors worked timelessly and gathered the necessary evidence to get our client’s claim to resolution.
In 2010, our client was subjected to physical, verbal, and emotional abuse at the hands of her former partner.
She sustained severe physical and psychological injuries and as a result has continued to suffer from insomnia, nightmares, weight loss, hypervigilance, anxiety, irritability, shortness of breath and social isolation. She was eventually diagnosed with severe anxiety, depression and PTSD.
Our client maintained regular attendance with her GP, psychologist, psychiatrist and the outpatient PTSD clinic at her local district hospital. In order to reduce the time she spent at home she sought employment as an administration assistant. She achieved minimal benefits from her treatment and the trauma continued to impact on her ability to work and cope with her daily activities. She attempted to reduce her working hours but her inability to cope with her employment duties together with regular complaints from other staff members about her erratic behaviour led her to cease work for an indefinite period in the future.
Our client approached Gerard Malouf & Partners and engaged the services of our experienced Superannuation Solicitors to investigate her TPD insurance claim.
“Our solicitors recognised how sensitive our client’s case was due to the circumstances surrounding the nature of her injuries and quickly identified that great care and extensive evidence was required to prepare the TPD claim for submission on the Superfund.”
Despite our Solicitors providing a compelling case to the Superfund, during the assessment process, the Superfund gathered unfavourable medical and employment evidence in support of their preliminary assessment to decline the claim. The Superfund asserted that the evidence they obtained identified that under the relevant policy our client was not “Disabled” because at the time of the disabling event she was not “At Work” and in receipt of supplementary Government benefits.
This assertion was a turning point in the way this claim would be assessed because of the date of disability was to shift to an earlier date (date of the assault) our client was not insured for TPD.
Our experienced Solicitors worked timelessly and gathered the necessary evidence to get our client’s claim to resolution for her TPD insured benefit amount of $92,200.
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