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Superannuation Lawyers: Disability Claims

If you have an illness or injury that impacts your ability to work for an extended period of time, speak to one of GMP Law’s superannuation solicitors. 

We’re here to ensure that your superannuation funds are accessible to you when you need them the most. While superannuation claims can be overwhelming, you can rely on our experienced team of solicitors to provide compassionate, committed and competent legal services, helping you achieve a successful outcome. 

With over $4bn in settlements delivered to our clients across a 98% claim’s success rate, paired with extensive specialised superannuation claim’s expertise, you can know you’re in trustworthy hands by allowing GMP law to guide and represent you. 

Click here to book a free, no-obligation consultation.


What are superannuation disability claims?

From the moment you begin to work, you are building up a superannuation fund. This fund accumulates money as part of your salary to help cover aged care and living expenses whenever you’re ready to retire. Sometimes, however, you may have to retire  before you had planned. 

Superannuation law involves using your super or self-managed superannuation fund (SMSF) in the case of total and permanent disability (TPD), when you are in need of income protection. TPD occurs when you’ve been diagnosed with a terminal illness or injury that renders you unable to return to your work. It could also completely disqualify you from any other type of work your skills and education would align with. Someone who qualifies for TPD will likely be out of the job for at least six months. 

Insurance for such an injury can come from your superannuation fund, which is why your superannuation lawyer can help you in this matter.

GMP Law, your superannuation lawyers

A personal injury can happen anytime and anywhere. And, while no one expects a serious accident to take place, we’re here to help you if it does. We tackle every case with the experience and expertise you would expect from the leading compensation firm in the country. To help you earn maximum compensation, contact Gerard Malouf & Partners today. 

How can your superannuation policy help with a disability?

The insurance benefit can help compensate not only for your medical bills and rehabilitation, but also for your loss of income. Your super is set up to subsidise you for the income you would normally earn on the job, and cover any debts you might owe as well. 

If a medical professional deems your injury to be temporary, meaning it will not last throughout the rest of your life, you would instead qualify for temporary total disability (TTD) benefits. As long as you follow the recommended medication and rehabilitation treatments by your doctor, you can remain eligible for this type of coverage.  

You could, alternatively, qualify for permanent partial disability (PPD). This type of coverage is for someone who can return to work in some capacity, but the injuries will not allow for performing all of their regular duties. An occurrence that qualifies for PPD could include a loss of hearing in one of your ears or losing the ability to speak.

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What to know about a superannuation insurance claim

Your eligibility to file a superannuation insurance claim will depend on the results and recommendations of your medical professional. How much or how soon you can receive compensation will vary depending on the insurance policy you’ve signed up for. Generally, however, if you’ve been out of the job for three to six months with no expectation of returning soon, you will likely qualify for TPD coverage. 

There are some specific requirements for eligibility and filing a successful claim such as:

  • The injury is total and permanent.
  • Your super fund covers TPD. 
  • Your injuries have been fully realised.
  • You can provide proof of work history.

The sooner you can file a claim, the sooner you can get coverage. A mistake on your application can set you back months or even a year. Working with a superannuation insurance lawyer can help expedite this process.

How to file a claim

Here are common steps you should be aware of when filing a claim:

  1. Start by speaking with your super contact about what type of coverage you have.
  2. Gather medical records and provide proof of identity to support your claims application.
  3. Submit your application to a coordinator to look over the details of your claim.
  4. The coordinator will pass your application to the insurer who will make the final decision based on the information you provided including your medical history, the details of your injury and your work history.
  5. The insurer will schedule you for a second medical exam of their choosing.
  6. Your application will then be accepted, declined or deferred because your injuries have not been fully realised yet. 

The process can be lengthy and a missed step or lack of information can result in a declined application.

How can a superannuation lawyer help with your case?

Sometimes the insurer will not grant you the full coverage you need, or argue that you should only have some of the insurance payouts. That’s when TPD lawyers like Gerard Malouf & Partners will step in, gather the necessary documentation, speak to the right people and help maximise your compensation. 

A denied TPD insurance application is not uncommon, especially if you’ve filled out the application yourself. The process has a lot of easily missed details and specifications. This should not discourage you from trying again. We’re here to help you file the paperwork necessary and appease the insurer’s requirements in such a situation. Our expert lawyers will understand your insurance policy well and take the steps necessary to file your superannuation claim with care so you can get the coverage you need. 

After an accident that resulted in TPD, you may be under serious distress trying to figure out how to live a full life while paying your bills. We can take the burden off of your shoulders and act on your behalf in filing a claim. This way, you can focus your energy on recovery.

How to protect your income through a claim

When a TPD insurance claim is approved, the sum will go to your superannuation fund. From there, you have the chance to do one of several things:

  1. Withdraw the entire balance in a lump sum.
  2. Make a partial withdrawal, leaving the rest in your super.
  3. Leave the entire balance in your super.
  4. Begin an income stream with regular payouts to your bank account. 

Each option comes with certain tax implications, in which you and your GMP lawyer can go over the best strategy based on your needs and expectations.

TPD Claims Guide: Making a Successful Claim

Our guide explains the step-by-step TPD claims process, and covers what payout you could expect.

Gerard Malouf & Partners

The value of working with a legal professional

Gerard Malouf & Partners are experts in superannuation TPD claims. We understand the process, can provide helpful guidance and advice, and ensure you get the maximum payout necessary. 

Our no-win, no-fee policy starts with a no-obligation consultation where we go over the details of your case. After we determine the total compensation you deserve, we will work with insurers to get you the full payout you need.

We're here to help

Contact us for no-obligation legal advice about your claim.

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Guide To Superannuation Compensation & TPD Claims Checklist

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More services

Explore more superannuation & TPD claims services that Gerard Malouf & Partners offer.

Frequently Asked QuEstions

More information about Superannuation Disability Claims

Commonly asked questions concerning superannuation claims

Most super funds offer life, total and permanent disability and income protection for members. They will automatically kick in when you’ve retired or need TPD insurance. TPD cover will usually end around age 65, and life cover ends at age 70.

There is no legislation that forces superannuation insurers to make a decision about your claim within a certain timeframe. So, depending on your superannuation, life and TPD claims, it could be between a matter of weeks up to a year or even longer — your lawyer can help you speed up this process.

There is no legislation that forces superannuation insurers to make a decision about your claim within a certain timeframe. So, depending on your superannuation, life and TPD claims, it could be between a matter of weeks up to a year or even longer. Your lawyer can help you speed up this process.

A claim can be made against any policy that has income protection insurance, while life insurance policies can also be a pathway to obtaining a compensation settlement. Even mortgage and loan protection insurance can come into the picture if you have been injured. Being unable to work due to injury should not lead to default, which is why this insurance policy can be claimed against:
Some of the problems that police officers face include car accident injuries, post-traumatic stress disorder (PTSD), and musculoskeletal disorders. Read more to know whether or not these would be eligible for a TPD payout.

If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen. If you can’t perform the daily tasks that your job requires, you may be able to claim a Total & Permanent Disability (TPD) benefit.

Your super fund is not automatically included in your will. To ensure your super fund is distributed according to your wishes, you’ll need to set up a binding death benefit nomination (BDBN). A BDBN is essentially a legally binding document that outlines how you intend your superannuation fund to be distributed following your passing. 

Consider taking on legal advice to ensure your BDBN is properly drafted and complies with the relevant regulations.

You can purchase TPD insurance as a standalone product from insurers, although there’s a chance you may already be receiving total or partial coverage under other policies.

  • A superannuation policy
  • Life insurance
  • Income protection cover
  • Mortgage protection or loan protection insurance
  • Employment disability and/or trauma cover
  • Sickness or accident policies


Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.

Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.

We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.

This is our core philosophy and what differentiates us from other law firms.

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Meet the Superannuation Disability Team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Superannuation claims.

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
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.
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.
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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