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256 Documents found. Displaying 101 - 150

I have a serious illness and can’t work. What are my options?


Serious illnesses can come in a variety of forms, whether it's a chronic condition that you've suffered from for the majority of your life, or a sudden malady that can strike you down out of nowhere. Whatever your ailment, you may be forced to take time away from the workplace,…

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What mental health problems do TPD claims cover?


Suffering a total and permanent disability (TPD) can have a significant effect on your finances, particularly if the affected individual is the main money earner in the household and they are unable to work again. While many people understand that serious accidents and injuries can lead to TPDs, were you aware that…

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Who counts as a ‘dependent’?


You can apply for the early release of superannuation to cover a dependent's expenses, but you must first prove a dependent relationship, which has several definitions. Find out who qualifies as a dependent and how Gerard Malouf & Partners' superannuation lawyers can help you support a dependent by fighting for the early…

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Who qualifies as dependent and interdependent for superannuation?


For many Australians, superannuation is one of the most valuable assets they own, so it's understandable they would want to use it to ensure their loved ones are taken care of after their death. Under Australian law, superannuation can be paid to deceased loved ones in the form of a…

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How do I get early super access due to a terminal medical condition?


Having a terminal medical condition is one of the compassionate grounds that can be considered for receiving early access to your superannuation. Discover what is required to get access based on this specific compassionate ground and how Gerard Malouf & Partners' expert superannuation lawyers can help. What is required? 1. First of…

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Should I get a Stepped Premium or a Level Premium for my insurance plan


If you're seeking insurance for income protection, trauma cover, life cover or total and permanent disability, you may be given the opportunity to choose between steeped or level premiums. Find out what the key differences between the two are and who tends to go for what premium. Stepped premium Stepped…

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Developments in TPD insurance claims 2016


Total and permanent disablement (TPD) policy dispute is a growing area of litigation and there has recently been a large number of decisions in various jurisdictions, including New South Wales, which touched on a wide of variety of issues. [1] The significant growth is likely caused by the Superannuation Funds incepting…

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What are compassionate grounds for early superannuation?


The Australian Taxation Office explains that the government takes into account the following four reasons for gaining early access to the superannuation savings on "compassionate grounds." Know that you can apply for more than one ground but that separate applications are required for each. 1. You need it to pay for a…

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What could cause a delay to your TPD claim?


Making a claim against your life insurance policy or superannuation fund may seem complicated, but with the help of experienced superannuation lawyers, your claim can be a breeze. However, there are still common speed bumps that can slow the process down and, without the right help, could even sink your claim.…

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Application Engineer with serious illnesses succeeds in $300,000 TPD insurance claim


Our client is a 48 year old former Application Engineer. He developed several heart-related serious illnesses in 2010 which slowly deteriorated and ultimately caused him to cease work in 2012. His illnesses caused him to feel constant pressure and pain in his chest and shortness of breath. As a result…

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3 questions you need to ask before you make a superannuation TPD claim


Not being able to work can be a scary proposition and you may be anxious to begin a TPD claims process. However, before you begin there are several questions you can ask yourself or an experienced compensation lawyer to determine if you have a case. To help, we have compiled a…

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Wheeler v FSS Trustee Corporation as trustee for the First State Superannuation Scheme [2016] NSWSC 534


In the recent decision of Wheeler v FSS Trustee Corporation as trustee for the First State Superannuation Scheme [2016] NSWSC 534 the Supreme Court considered the Total and Permanent Disablement (TPD) insurance claim of a former NSW Police Officer. The Plaintiff ceased work as a Police Officer in 2010 after she developed…

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Friable vs. Non-friable asbestos in critical illness claims


When it comes to asbestos, most Australians are aware of the health implications it can cause. As many people are making critical illness claims, it is hard to miss. However, many are still unaware of the different types of asbestos that are found in Australian buildings. To help, this article will…

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3 superannuation elements you did not know about


Superannuation can be highly complex. Not only does it have its own legislative framework, most people are unaware of their current status. Whether it is due to moving jobs, or you just didn't read the fine print, a lot can fly under the radar. This article will provide you with…

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Cancer treatment – 4 aspects of Keytruda you need to know about


In 2015, a New Zealander by the name of Jeffrey Paterson gained worldwide attention for his fight to have his country fund a life-saving drug called Keytruda. While he lost his battle with cancer recently, his work helped Australia's Pharmaceutical Benefits Scheme approve the drug for the treatment of melanoma…

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Date of disablement: What is in a date?


What is a date of disablement? Dates are of critical importance in insurance contracts and particularly total and permanent and disablement (TPD) policies. In such policies the key defined date is referred to a Date of Disablement. This is the date that you became entitled to the policy benefit.  While there are…

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Will the government cover funeral expenses for a workplace-related death?


Anytime a loved one passes away, the period following can be stressful and emotionally for those involved. Many issues come up for the families and loved ones of the deceased. Claiming accidental death insurance is something that requires guidance. Covering funeral costs, for instance is one other such issue that often arises…

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What can I do if I’m injured and unable to work?


Every superannuation fund individual policy varies in their definition of total permanent disability (TPD) and the requirements which must be met in order to qualify for a benefit. For a fund member to qualify as TPD they must: Be incapable of working because of illness or injury. They must reasonably…

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I’m not sure if I’m eligible to make a critical illness insurance claim


Critical insurance cover, or trauma cover as it is also known, is an insurance product that sees the insured party and the insurer come to form an agreement, whereby a lump sum is paid should the insured suffer from a critical illness. The industry for critical illness insurance is one that…

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What are the rights for same sex couples when it comes to super disputes?


Often when you are looking for information about superannuation claims where someone loses a partner and needs to make a claim, you see talk of spouses and de facto partners. Rarely do you see information aimed specifically at people who are in same sex relationships. Let's start by looking at…

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Metlife v Shuetrim [2016] Court of Appeal decision for former police officer


There is a growing body of judicial decisions from the Courts regarding Total and Permanent Disablement (TPD) policies to assist the interpretation of the insurance policies and clarifying ambiguous terms.  A key Decision which was handed down in April 2016 was the Court of Appeal decision Metlife ats Shuetrim. This case involved…

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Is superannuation now more confusing than ever?


Thanks to new rules regarding superannuation proposed by the coalition government, retirees may be more confused about the system and whether they can make superannuation claims. Some are even facing the prospect of running out of money. It's important to know exactly what you're looking at when it comes to…

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Why should I contact a superannuation disputes lawyer?


Super is a key part of many people's retirement plan, with the Association of Superannuation Funds of Australia recently revealing the country's pension pot has reached more than $2 trillion. However, not all individuals are able to work until retirement age. Some may suffer a serious injury or illness that…

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Which professions are the most dangerous in Australia?


Injuries can happen at any time or anywhere, and you don't necessarily have to suffer an accident in the workplace to make a total and permanent disability (TPD) or income protection claim. However, there are some industries that have much higher rates of injuries and deaths than others. Employees in these…

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Are there any diseases that my critical illness insurance won’t cover?


A sudden illness often takes a huge toll on everyone in a family, especially when the person who falls sick has to take a prolonged period of time off work. Not only might you be losing your primary income stream, but the household may also be paying expensive hospital bills…

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What obligations do I have when I make a TPD claim


When an Australian submits a claim for a Total and Permanent Disablement (TPD) insurance payment, many believe that the job is done and it is now up to the lawyer and Claims Assessor to do the rest. However, there are a number of obligations that all claimants should be aware…

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What factors determine whether a TPD claim is successful or unsuccessful?


To many, a Total and Permanent Disability (TPD) claim can be an almost mysterious process. With a wide range of factors coming together to determine if an application is successful or not, it can be hard to know what a claimant is actually facing.  This is where the expertise of…

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3 superannuation laws you should be aware of


Many Australians are unfortunately unaware of the benefits they can receive under their superannuation funds. Whether you have received an injury that has totally precluded you from working or are seeking ways to ensure your income is protected, a superannuation claim may be what you are looking for. However, to ensure you…

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What does ‘no-win, no-fee’ mean in relation to superannuation claims?


You may have heard the term 'no-win, no-fee' in relation to legal services before and wondered exactly what it means. Well, as the name suggests, this type of payment structure protects claimants from incurring financial losses if they don't win their case. In other words, if you pursue compensation using…

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Why has my superannuation claim been rejected?


Superannuation policies often include various entitlements that ensure members or their families receive payouts in the event of serious injuries, illnesses or deaths. This money can prove crucial if you have to take extended leave from the workplace due to poor health and can also cover your medical expenses and…

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What steps should I take if I suffer an injury leading to total & permanent disability?


Total and permanent disabilities (TPDs) are ailments that either prevent you from working in a job you were previously skilled enough to perform, or stop you from pursuing a career at all. There is no one-size-fits-all solution to dealing with TPDs; serious disabilities can often cause physical, emotional and financial…

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Are you eligible to make a TPD claim?


Anyone who suffers from total and permanent disabilities (TPDs) or lives with someone who does will know the huge impact they can have on your day-to-day life. They not only prevent you from returning to your job but can also make even simple tasks, such as getting dressed or navigating…

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