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Do I have a superannuation claim?

You’re probably familiar with superannuation: your employer-funded, retirement nest egg. What you might not know is that most super policies include financial assistance if you can no longer work due to injury or illness.

Depending on your policy, you may be able to claim:

If you’re unsure about your policy, have already had your claim rejected by an insurer, or just want free, expert advice — speak to us today. Our dedicated superannuation team are here to help.

Your free online claim check

Find out whether you’re entitled to a TPD benefit today.

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How long will my claim take?

There are different factors that influence how long your claim will take, including your insurance company, the benefit amount, and the complexity. Some take as little as 4 weeks; most take between 6 – 12 months.

Our team have developed procedures to fast-track your claim—so no matter your situation, you’ll get access to your valuable entitlements sooner.

For a more precise estimate, speak to one of our specialist team today. In your free consultation, we’ll assess your policy terms and provide advice tailored to your situation.

How much does it cost to make a claim?

  • No financial risk: Your claim is covered by our No Win No Fee guarantee, meaning you pay nothing unless we win.
  • No upfront costs: We cover every cost, including expert evidence, legal fees and admin. If your claim doesn't work out, you'll never receive a bill from us.
  • Fixed fees: We provide an exact breakdown of our fees before starting work on your case. No last minute surprises, no sticker shock.
  • 30-day risk-free trial: We offer a 30-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
Find out more about our fees

The claims process

You speak to one of our lawyers about your particular situation. It’s likely that the lawyer you speak to will see your claim through to its successful completion.

We investigate your superannuation or life insurance policies, and determine what entitlements you may have.

We provide free advice on your policy and entitlements, as well as options for how to proceed.

We obtain evidence from third parties, including income tax returns, medical reports, and Centrelink claim files. As part of this process, we may ask you to attend a free, independent medical examination by one of our doctors.

Once we have all the evidence, we prepare detailed legal submissions in support of your claim. We then complete all of the claim forms and submit your claim.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Daniella Dababneh
Senior Associate
  • English, Arabic
  • Superannuation, TPD, Life Insurance
Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Nadia Rock
Graduate of Law
  • English, Macedonian
  • Superannuation and Insurance
Caroline Sinn
  • English, Cantonese
  • Superannuation and Insurance
Andrea Cuadros Lu
Senior Paralegal
  • English, Spanish
  • Superannuation, TPD
Chanel Joseph
  • English
  • Superannuation, Total & Permanent Disability (TPD), Income Protection
Meet more of the team

Frequently asked questions

The amount you can claim depends on the terms of your individual superannuation and life insurance policies, as well as the type of claim you’re making.

TPD and income protection claims

You’ll receive either monthly payments or a lump sum. It’s designed to alleviate the financial stress of not working (or working less than you usually would). At the lower end, lump sum payments can be in the thousands; at the higher end, they can reach over $1 million.

Early release of superannuation

Your compensation depends on the reason for your claim and the balance of your super on the date your claim is approved.

The insurer will pay your insurance and superannuation compensation. This could be your private life insurer, superannuation fund, employer sickness and accident insurer, or even your mortgage and credit card insurers.

While your employer may have to provide a statement, they are not legally involved in the claim.

The benefit you receive is based on:

  • The date that you last worked, or
  • The date that you first became injured or ill and unable to work.

The lump sum payment will be made into your super account and then, based on your specific payment instructions, released by the Funds Trustee.

It’s common for an illness or injury to change over time. Normally, this will not affect your ability to make a superannuation insurance claim.

As a general rule, your insurer will focus on whether or not you have reached maximum medical improvement. This means you are medically stable and have exhausted all medical treatment options for your illness or injury.

Before you cease work due to injury or illness, it’s vital to get medical evidence supporting your claim. You’ll need doctors to confirm that you can no longer do your current job or any other job within your education, training and experience.

To make a superannuation claim, you must have held insurance cover at either:

  • The date you last worked, or
  • The date you became no longer able to work due to illness or injury.

Generally, the benefit you receive is paid according to that date.

This means if you were not insured at the time, you may not have a claim. However, there are still circumstances when you may be entitled to a claim. A specialist lawyer can help outline your options.

During your free consultation, we’ll investigate your insurance cover, determine whether or not you have a claim, and advise you on your options. While we don’t handle professional negligence claims against insurance or financial advisors, we will still investigate your policy to get you the best possible outcome.

If you’re underinsured, unclear about your cover, or just after advice, give us a call today.

While you can pursue a claim on your own, going head-to-head with your insurer can be a confusing and distressing experience—especially if you’re recovering from illness or injury.

In our experience, insurers can be unfair to unrepresented claimants. They may insist on unnecessary medical examinations and even deny valid claims for minor reasons.

Obtaining strong legal advice and representation can completely change the outcome of your case.

A good lawyer will:

  • Identify your super fund insurance benefits — even those you may not know about.
  • Provide a free second opinion (if your insurer has already declined your claim).
  • Investigate your policy to determine whether you have a claim.
  • Find your additional entitlements, including any disability or negligence claims.
  • Prepare your claim to ensure its success.
  • Advise you on the right strategy to progress your claim.

Best of all, our No Win No Fee guarantee keeps your claim risk-free. We cover all upfront costs, and you pay nothing until we win your case.

See more FAQs

Act quickly—time limits apply

Most insurance policies come with time limits for making a claim, though the exact limit will depend on the terms of your policy. We always advise starting your claim as soon as possible. The longer you wait, the harder it can be to obtain evidence and get your claim approved.

As with most claims, there are factors that can exempt you from these time limits. If you are outside the time limit, contact a superannuation lawyer immediately.

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

4.8 out of 5
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Monaco made the process easy for me, I wouldn't have succeeded on my own.

My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.

Google Posted by Cephas G

They took care of every detail, supporting me every step of the way.

The team at Monaco Solicitors are outstanding. I was broken and had no capacity to lodge a claim. My toxic employer had me believe I was worthless. My medical expenses were adding up and I could not access treatment due to the cost. Daniella Dababneh and her team stepped in and nurtured me through the complicated process of lodging my TPD claim.

Google Posted by Aldo Virzi

Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.


Monaco's help reduced a 12-month process to just a few months.

My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.


Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.


Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.


Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.


They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.


I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.


I can't recommend Monaco enough for their help in securing my future financially.

Monaco Solicitor’s helped me get the best outcome financially for my future after work place injuries left me unable to return to work, my WPI claim was handled by Medea, Jo and Chantel for the main part and although stressful for me at times they always reassured me and kept me up to date throughout the whole process.

Google Posted by Adam Russo
Leon Monaco & team member

Why choose Monaco

If you’re unable to work, you need financial support—fast. Our dedicated superannuation team have the legal strategy and experience to help identify all your entitlements, and fast-track your claim.

Before joining us, many of our senior superannuation lawyers worked for insurance companies, so we know the tactics insurers often use to deny claims.

Voted ‘Compensation Law Firm of the Year in Australia 2020′, we’re industry leaders with the expertise to uncover every additional claim, including disability and negligence. Often, these claims are worth significantly more than your superannuation or life insurance claim alone.

Speak to us today for free, comprehensive legal advice. Find out where you stand, what additional claims you may have, and how to get the compensation you deserve.

Learn more about us

Speak to one of our friendly lawyers

Millions won for our clients

View more case results

$1.2 million

Superannuation & Insurance Claims
Total and Permanent Disability

Pieta’s claim was rejected by her insurer. We got the decision overturned.

When Pieta was diagnosed with breast cancer, she attempted to claim a TPD benefit through her superannuation. Her insurer rejected Pieta’s claim. Pieta then came to us....

Read more

$1 million

Superannuation & Insurance Claims
Total and Permanent Disability

Aaron tried to claim under a strict insurance policy. Our extra evidence secured his win.

When Aaron suffered a serious psychological injury, he attempted to claim a TPD benefit through his super fund. His policy, however, was very strict. At first glance,...

Read more


Superannuation & Insurance Claims
Total and Permanent Disability

13 years after his claim was rejected, we helped Jim overturn his insurer’s decision.

In 2006, Jim suffered a deep psychological injury. When he tried to claim a TPD benefit through his super fund, his application was rejected. 13 years later,...

Read more


Total and Permanent Disability

John was bullied to the point of depression. Doctors and insurers insisted he could work again – but we proved them wrong.

After enduring persistent workplace bulling, John developed depression and anxiety. When trying to claim a TPD benefit, he hit a roadblock. John’s policy required him to prove...

Read more


Superannuation & Insurance Claims
Total and Permanent Disability

After a workplace accident, Alex’s TPD insurer insisted he could return to work. We found a loophole.

When a workplace accident left Alex unable to work, he lodged at TPD claim himself. At this same time, we were assisting Alex with his Workers’ Compensation...

Read more


Superannuation & Insurance Claims
Total and Permanent Disability

Sarah struggled to get medical support for her claim. Our network of experts helped win her case.

Sarah, a nurse, suffered chronic pain as a result of her Fibromyalgia and Complex Regional Pain Syndrome. Unfortunately, due to the lack of medical testing and disagreements...

Read more


Superannuation & Insurance Claims
Total and Permanent Disability

Tony’s insurer claimed his injuries didn’t qualify as TPD. Our lawyers proved them wrong.

Tony has struggled with lifelong psychological injuries. When later diagnosed with physical injuries as well, Tony tried to claim a TPD benefit through his superannuation. He discovered...

Read more

We have the experience you can count on


Darren's Story

2:18m watch

Darren got a response within an hour. “Monaco took the stress out of everything.”

Get free legal advice

Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.