Disabled client claims disability as she can no longer work

Published 19 Sep 2014

Mrs B was working for a disability employment provider that was arranged through Centrelink. She commenced working in 2000 and was unfortunately terminated in 2001. She has not worked in any capacity since this date.

Our client was born with a congenital condition that severely affected her limbs and she utilised a wheel chair when she was out of her usual surroundings and home. This was her first and only employer and our client enjoyed undertaking her duties and being around her colleagues. It also provided her with a sense of pride that she was able to provide an income for her family and contribute to her community.


Unfortunately, during the course of her employment, Mrs B was injured on two separate occasions that resulted in her being unable to work in any capacity nor was she able to undertake any activities of daily living independently.


Mrs B had been provided with income protection insurance cover through her superannuation that provided for a lump sum benefit in the event that she was no longer able to undertake any position for which she has previous education, training or experience. Due to the severity of her injuries, regardless of the fact that she was born with a congenital condition, she was no longer able to work in any capacity.

Claim process

Our client had consulted our firm in relation to workers compensation claim and we were able to provided evidence to prove that she had in fact suffered an injury that prevented her return to work. All the required claim forms were completed and an application for payment of the insured benefit were lodged with the fund and its insurer for assessment.

The insurer undertook assessment and made enquiries to confirm the evidence provided was sufficient to agree to the payment of our clients benefit. She was not required to undergo any medical assessment given the substantial evidence already provided at lodgement. The insurer and the fund agreed that our client met the criteria of Total and Permanent Disablement.

Many superannuation policies provide cover without any exclusion due to pre-existing conditions. If you suffer from an injury or illness that prevents your return to work, please contact the Gerard Malouf & Partners superannuation team to discuss how we may be able to help you.


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