Oran Park Resident has $400,000 TPD Claim Approved in Less than 2 Months

Published 24 Feb 2020

Our client, Mr. D was a 37-year-old man who was employed as a Labourer. In June 2018, he was diagnosed with severe psychological conditions having no attributable cause. Our client was forced to cease work following a failed attempt to return to work performing light duties which resulted in an exacerbation of his symptomology.

The Solicitor contacted the Superfund and obtained relevant employment and medical information in support of our client’s claim in the space of just one month. Our client’s inability to work for the entirety of the preceding year, his limited employment experience which was confined to physically demanding roles and supportive medical opinion that his condition was unlikely to improve meant that our client was eligible to apply for a Total and Permanent Disablement benefit.

When lodging the claim with the Superfund, the Solicitor reiterated that it was unrealistic for any future employer, having an awareness of our client’s symptoms, to consider our client to be a suitable employee in an industry where good health would be expected. Further, our client did not possess the education, training or experience to undertake alternative employment. The Insurer’s duties and obligations according to the High Court Decision of Finch v Telstra Super Pty Ltd [2010] HCA 36 which require the Trustee to be prompt, competent and proactive in assessing a claim were further noted to the Fund upon lodgement.

Due to the efforts of Gerard Malouf and Partners, the claim was lodged in late November 2019 and approved by the Insurer in less than 2 months from the date of lodgement.

When deciding on a legal professional to assist you with your superannuation claim, it is important to seek the expertise of professionals who are empathetic to your circumstances and 100% committed to ensuring that you receive the maximum benefit which you are entitled. At Gerard Malouf & Partners Compensation Lawyers, we are confident in our ability to provide results whilst ensuring that you claim is expeditiously assessed. Call us on 1800 004 878 to discuss your rights today.

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