Published 28 Jul 2015
Suffering a total and permanent disability is likely to have a huge impact on you and your family. People can experience physical and psychological after-effects, as well as an additional financial strain due to their inability to keep working.
Thankfull most insurance and superannuation schemes contain contingency plans that provide benefits to people who can't return to their jobs. Making a TPD claim could therefore provide you with the money you need to support your loved ones when working isn't an option.
Not all TPD claims are successful, however, and your superannuation provider or insurer may reject you if they feel your case does not meet the criteria of the policy.
First contact a superannuation lawyer
If you have been pursuing your claim on your own up until now, you should seek the services of a superannuation lawyer to maximise your chances of success.
An experienced legal team can examine your policy, gather evidence on your behalf and judge whether or not it's worth proceeding with your case. Insurers and superannuation funds often try to limit their liabilities under a TPD claim, which is why you should always ask for advice after receiving a rejection letter.
A good lawyer can speak to third parties involved in your case including former employers and medical practitioners. Obtaining statements from these individuals could prove crucial in overturning a poor decision.
What happens next?
In instances where you're already using a superannuation lawyer and you still get rejected, there are other options to pursue. The first step in the process would be to request the super fund's trustee to review the decision.
Your legal representatives may try to collect further evidence to support your claim. This may require you to visit more medical practitioners who can expertly diagnose your disability and provide additional doctors' reports.
Should your request again be denied you could ask the Superannuation Complaints Tribunal to consider your case. The panel deals with any issues relating to regulated superannuation funds, annuities and deferred annuities and retirement savings accounts.
When all else fails and you and your lawyers believe you have a strong case, the next step is to take your claim to court. While this can be a complex and lengthy process, you can rest assured that a no-win, no-fee law firm like Gerard Malouf & Partners will fight in your corner every step of the way.