Case Overview
- Our client was diagnosed with Mutiple Sclerosis in 2003, which she got treated through a bi-annual infusion procedure.
- Over time, she developed a physical and mental disability which led her to cease work in 2019.
- Gerard Malouf & Partners assisted our client with lodging both her income protection and Total and Permanent Disability Insurance Claims.
Our client, a 39-year-old was last gainfully employed as a Project Manager. She was diagnosed with Multiple Sclerosis (MS) in 2003, however, remained under the regular care of her GP and specialist. She managed the condition through a bi-annual infusion procedure whilst still maintaining full time employment. Over time, she developed lower leg weakness and spasticity, inability to stand or walk without assistance, poor mobility and later became wheelchair dependant. This physical and mental disability eventually led her to cease work in early 2019.
She engaged the services of Gerard Malouf and Partners to assist with lodging both her Income Protection and Total and Permanent Disability Insurance Claims.
“The income protection claim was successfully approved within 17 days of lodgement and the TPD claim was approved within 5 months of lodgement for an insured TPD benefit amount of $400,000.”
Gerard Malouf
Our Approach
The expert solicitors at Gerard Malouf & Partners had to consider what the appropriate ‘date of disablement’ would be, given that our client had been diagnosed with MS in 2003, however, had continued to work. When assessing a claim for total and permanent disablement, the Superfund/Insurer are required to determine the date when a member became ‘disabled’. This date can make or break the outcome of a claim. The way a claim is prepared can impact 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.
Our team looked to the Insurance policy and argued that our client had successfully managed her symptoms for many years but had only been rendered ‘disabled’ when she was no longer was able to cope with the ongoing disabilities. An earlier date would likely have rendered the claim unsuccessful.
Our client also had Income Protection insurance cover attached to her policy which was also prepared by or experienced team of solicitors.
The Result
The income protection claim was successfully approved within 17 days of lodgement and the TPD claim was approved in 5 months for an insured TPD benefit amount of $400,000.
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