Published 09 Nov 2016
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 he was only able to walk short distances before becoming exhausted and was unable to perform any of the physical aspects of his job including bending over, climbing or lifting his arms above shoulder level.
He also suffered from memory loss and mental deterioration. As an Engineer he was previously able to perform complex mental tasks with ease but now struggled significantly. This was a harsh blow to our client who was well educated and loved his job.
Our client held Total and Permanent Disablement (TPD) insurance through his super fund in the amount of $300,000.00. He decided to consult with Gerard Malouf and Partners’ expert superannuation lawyers for assistance with making a claim on his TPD cover. We were happy to take on his case on a No Win No Fee basis.
We gathered medical evidence and had our client obtain statements from his treating doctors certifying that he was unlikely to ever return to work. We prepared a submission to the fund’s insurer detailing our client’s inability to work again.
After considering the submission the superannuation fund requested further medical evidence. This was because one of our client’s treating doctors had expressed some initial doubt that our client is never likely to return to work. Gerard Malouf and Partners was able to obtain a further statement from that doctor and from our client’s GP that supported the claim.
Upon receipt of these further statements the fund’s insurer determined that our client was Totally and Permanently Disabled within the policy definition and approved payment of his TPD benefit.
As a standard part of the service offered at Gerard Malouf and Partners we conducted investigations to determine if our client held any further TPD cover through another superannuation fund. Like many of our clients this man had another policy through an older fund. With his initial claim completed we were to immediately commence preparation to lodge a second claim.
Making a TPD claim can be difficult and confusing, especially for clients whose injuries and illnesses affect their mental abilities. By seeking out an expert TPD lawyer like those in our team at Gerard Malouf and Partners you can maximize your chances of success. Call us today for a free consultation to discuss how we can help you with your TPD claim.