Superannuation and total and permanent disability (TPD) lawyers and claims

Commonly asked questions about TPD claims:

There is nothing to stop you making a claim for a disability benefit under your superannuation scheme without the assistance of a lawyer. However, if the claim is disputed by the insurer then you will need legal assistance. Insurance companies are very experienced at disputing these claims and their claims officers are backed by lawyers who do nothing else but this type of work. You would be very brave to take them on without legal assistance from someone who specialises in this area.

Stacks compensation lawyers have considerable experience in pursuing claims for disability benefits because it is not unusual for accident victims to also have rights under their compulsory superannuation scheme.

A very typical test under these insurance policies is that you are entitled to a disability benefit for any period during which ‘you are not capable of earning income, by way of personal exertion from any occupation for which you are reasonably suited by reason of education, training or experience’.

Sometimes the test will be expressed this way: ‘You are not capable of earning two thirds or more of your average monthly income, by way of personal exertion.’ This is a much more reasonable test because it would be a bit unfair to say to a specialist doctor, who was disabled in an accident, that he or she couldn’t recover disability benefits because he or she was capable of serving petrol in a service station.

Either way, the test is still quite vague. Opinions can obviously vary about the work for which ‘you are reasonably suited by reason of education, training or experience’.

Any death or disability benefit available under your superannuation scheme will be available under a policy issued by an insurance company. The insurance company ultimately makes the decision about your eligibility for a TPD claim.

Insurance companies typically take a hard line in relation to these claims because once someone is entitled to a disability benefit the insurer is concerned that they may get used to an idle life and show no interest in getting back to work.

Once you make a claim for a disability benefit, the insurer will normally refer you to a medical specialist and these tend to be medical specialists who take a rather hard approach. If the specialist can identify some work which you are capable of doing, this will justify the insurer in refusing the disability benefit and the specialist is likely to find that more cases are referred to him or her by the insurer.

The fact that the insurer refuses your claim on the basis of their doctor’s report is not the end of the matter. We can refer you to a specialist with a reputation for being more even-handed in these matters, and if that specialist concludes that you are not ‘fit for work for which you are reasonably suited by reason of education and training or experience’, then we can commence legal proceedings so that an independent judge can decide if the insurer was reasonable in refusing your claim for a disability benefit.

Once legal proceedings have been commenced, it is not unusual for these claims to be settled on a compromise basis. In fact, if there is a genuine dispute between opposing medical specialists, these claims normally are settled. Sometimes our medical evidence is so strong that we advise you not to compromise at all, in which case the matter may well proceed to a hearing – unless the insurer gives up, as they sometimes do.

The time limits which apply to personal injury claims do not apply to the claims for a death or disability benefit under a superannuation scheme. Unless there is some specific time restriction to make a claim within the superannuation policy itself, you can make a claim within six years of your right commencing. As a claim for disability may be a continuing claim, as long as you remain disabled you can claim under the policy and if you cease to be disabled you can claim benefits for the previous six years – subject of course to any particular clause in the policy.

Latest from Stacks

misfeasance, tort, public office, public official, robodebt, Royal Commission, Criminal Code Act, criminal charges, civil charges, malice, harm
28 Nov 2023
What is misfeasance in public office? The tort of misfeasance – it sounds ...
Read the full story
deepfake, AI, artificial intelligence, bullying, misinformation, disinformation, image-based abuse, fake news, privacy, cybersecurity, data protection, child protection, defamation, e-safety, online
24 Nov 2023
Concerns with the use of artificial intelligence on the internet are growing, ...
Read the full story
jury duty, juror, court, lawyer, judge, sheriff, accused, crime, evidence, judgment, trial, criminal trial, conflict of interest, victim
17 Aug 2023
Before you could be called up for jury duty to decide the guilt or innocence of ...
Read the full story
break and enter, intruder, trespass, entry, premises, dwelling, lease, residential tenancy, agreement, lessee, indictable offence, intimidation, aggravation, corporal violence, Crimes Act, Crown, Court of Criminal Appeal, appeal, High Court, convicted, apprehended violence order
13 Jul 2023
Ex-partner accused of break and enter In a recent case involving a break and ...
Read the full story
mental health impairment, crime, criminally, responsible, murder, hallucination, forensic, mental health, mental disorder, tribunal, persecution, victim, perpetrator, cognitive, impairment, anxiety, bipolar, depression, psychotic
20 Jun 2023
Mental health impairment and “not criminally responsible” verdicts In a ...
Read the full story
driverless cars, self driving car, automated vehicle, autonomous vehicle, vehicle, car, truck, road, driver, safety, pedestrian, swerve, crash, brakes, computer, law, public road, National Transport Commission, NRMA, accident, traffic, highway
13 Jun 2023
Are driverless cars safe? We know that driverless cars are coming. So imagine ...
Read the full story
21 Apr 2023
Weighing up the pros and cons of a case, discarding irrelevancies, assessing the...
Read the full story
best interests of the child, parent, parenting, child, children, best interests, family law, Family Court, custody, custody dispute, parenting dispute, children's lawyer, child abuse, family violence
14 Mar 2023
Australia’s family law is facing substantial changes under federal government ...
Read the full story
smoking on balconies, smoking, smoker, non-smoker, apartment, balcony, strata, Strata Schemes Management Act, common property, owners corporation, nuisance, hazard, health, tribunal
22 Feb 2023
Smoking on balconies is the cause of many apartment block disputes. Recently a ...
Read the full story
declared dead, legally dead, deceased, missing person, missing, body, assets, will, remarry, presumed dead, presumed alive, natural disaster, mudslide, avalanche, disappearance, murder, misadventure, vanish
21 Feb 2023
Someone disappears. Years go by and they are still missing. There is no message,...
Read the full story
send troops, deploy troops, army, defence, conflict, armed conflict, war, war zone, parliament, cabinet, prime minister, governor general, Defence Act, military, Federation
09 Feb 2023
Did you know that only one person makes the decision in Australia to send troops...
Read the full story
gel blaster, replica gun, gun, pistol, toy gun, gel gun, rapid-fire, water-soaked, gel, police, firearm, fake firearm, fake gun, paintball, Queensland, NSW, eye injury, security guard, armed, Glock, firearms licence, Category A, gel replica, robbery, conviction
12 Jan 2023
Having a gel blaster – a lifelike replica gun that shoots pellets of ...
Read the full story

Why Stacks Law Firm

What makes Stacks different and why you should choose us.

Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

call us now


No hidden fees
We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

Deep expertise
We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

Practical advice not legalese
We speak clearly and directly, so you understand our advice and can make decisions with confidence.

20+ local offices
We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

Real client care
We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

Progressive practise
We make the process easy for you with the latest tech to keep services cost effective—and you in control.



WE’RE HERE TO HELP

Complete the form to contact us today

We’re here to listen to your story anytime. We can help you understand how things work, give you confidence and guide you through your options. We’ll be honest and upfront, agreeing on what you need and how much it will cost. Your enquiry is completely confidential.

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy