Superannuation and Life Insurance Claims
Unable to work due to injury or illness? You may be eligible for a lump sum or monthly payments through your superannuation fund or life insurance.Get free advice
Specialist legal services we can help you with
Your superannuation fund includes a number of different benefits to support you when you can no longer work due to an injury or illness. These valuable benefits are completely separate from your super contributions and will not affect your retirement savings if you make a claim.
It can be complicated and intimidating to access these benefits yourself. We have a team of expert lawyers who specialise in this area of law who can help you unlock all of your entitlements, simply and successfully.
We offer a free initial consultation in person or over the phone.
Our lawyers will investigate your policies and quickly tell you if you are eligible for disability insurance and how much you are entitled to.
No Win No Fee Guarantee
If you are unable to work because of illness or injury, you are probably doing it tough not just physically and emotionally, but financially as well. We believe everyone should have access to legal representation, irrespective of your financial situation.
So in addition to a free initial consultation we offer a No Win No Fee Guarantee. It costs you nothing to start your claim, and you only pay us when we are successful. No successful outcome, no fee owing. Simple.
In 2020 alone we secured over $62 million in insurance payouts for our clients making superannuation claims.
Don’t just take our word for it Read what our clients say
They helped me navigate the very overwhelming TPD system
They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter.
Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this wherever they can. Monaco explain things in a way you would understand instead of lingo insurance and other companies like to use.
Monaco Solicitors are amazing! So, to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!
No question was ever left unanswered and I truly felt like a valued client
No words could be enough to describe how grateful I am to Leon Monaco and to all his team! I found Leon to be extremely professional, understanding, approachable and easy to talk to. Not only is he a brilliant solicitor, with a sharp mind and extraordinary set of skills, he is also a wonderful person.
I have been always kept informed on progress of my case, no question was ever left unanswered and I truly felt myself like a valued client. I should also point that everyone in a team is very helpful, friendly and really client oriented. From the second you walk in into their office you feel that they do care about you, they are ready to help and ready to listen.
I got four quotes and they were the best price
Warren and his team went above and beyond to get me the best result in record time I am sure. I got four quotes and not only were they the best price, they were less than half of one of the firms you always see on TV. Seriously can’t thank these guys enough!
We got a much better outcome than we thought possible
I highly recommend Monaco Solicitors to handle your case for the best possible outcome. They are great and Megg especially is the most professional and pleasant person to deal with. Megg communicated with us in a simple way that we could understand, she was very prepared with the case and presented it in such a way that the insurance company couldn’t find anything to say, just agreed with her.
Thanks to Megg and the team at Monaco Solicitors we got a much better outcome than we thought possible. We are thrilled with the care and dedication they provided to us.
Results came very quickly
Very responsive and great at keeping me updated all the way through my case. Results came very quickly and they were very comprehensive and accurate when representing my case. They always answered my questions and helped me understand the process along the way.
Very happy with this firm and would recommend.
I was awarded a payout that was well beyond what I had ever expected
I became a client of Monaco Compensation Lawyers in 2015 after I fractured my lower spine and displaced my coccyx in a workplace accident. The company I worked for, whose revenue for 2014/2015 alone was worth $705 million, refused to take liability, going as far to even use my personal life to discredit my claim. The team at Monaco worked hard to settle this matter on my behalf and I was awarded a payout that was well beyond what I had ever expected. Monaco has gone above and beyond and I highly recommend them to anyone who has been injured in the workplace. This has been a win for not only me, but for all my co-workers who were never compensated for their injuries because their legal teams didn’t have the experience needed to take on the company and their high-profile lawyers. WELL DONE MONACO.
I could not have chosen a better legal team
Everyone I spoke to were professional in helping me through this most trying time. Most of my dealings were through Vanessa and Sam. They knew their job and did it well.
The payout I am due is a reasonable amount and I am most pleased so I thank you all for your good work. I will certainly recommend Monaco to whomever needs help. I could not have chosen a better legal team.
Don't let anyone tell you that a TPD claim is impossible to win
Throughout the TPD process, I have been kept informed as to where my claim was up to and the people couldn’t have been more helpful and understanding. While it has taken a few months (though less than I had expected, as it is in my nature to expect the worst), it has finally come to a successful resolution and I am over the moon.
I still have the workers compensation claim pending, but now that this one is over, I can’t believe how relatively stress free the whole process was. Don’t let anyone tell you that a TPD claim is impossible to win and don’t try to navigate it yourself! You just need a good lawyer and I can’t recommend Monaco highly enough. Thank you to all involved.
Do I have a superannuation, life insurance or disability insurance claim?
Chances are you do. You might not know where to start, or you might have already tried and been knocked back by an insurance company. Our superannuation and insurance team can help you work out exactly where you stand free of charge.
A successful claim will not reduce your retirement contributions made through your super fund. The payout you receive will be covered by a separate insurance policy opened on your behalf.
I can’t work due to illness or injury - do I have a TPD claim?
If you have an illness or injury that permanently affects your ability to do your regular job, then you most likely have a TPD claim.
TPD, or Total and Permanent Disability, is a lump sum payment you can claim from your super fund or life insurance policy. This benefit is in addition to your superannuation contributions.
To make a successful TPD claim, you don’t have to be completely disabled or prove that anyone was at fault, just that you can no longer do your normal work.
I’ve lost income - do I have an Income Protection claim?
If you can’t work because of an injury or illness, you may be eligible for income protection insurance, which will provide you with a wage replacement until you’re better.
You don’t have to show that anyone was at fault, just that you can no longer do your job, that you are not working, and that you are receiving medical care.
Do I have a Life Insurance or Death Benefit claim?
All superannuation funds offer death benefits in the event of a loved one’s death. If you are a spouse, child, nominated beneficiary, or if you were financially dependent on someone who has passed away, you may be entitled to a lump sum benefit from a loved one’s super contributions and insurance benefits.
How long will my claim take?
This all depends on your insurance company, the benefit amount and the complexities of your claim, but your claim could be accepted in less than 4 weeks.
Generally, claims take between 6 to 9 months. Our team have developed procedures to fast-track your claim allowing you to access to your valuable entitlements sooner.
We can give you a more precise estimate during your free initial consultation once we assess your exact situation and policy terms.
Are there any time limits to making a claim?
Time limits apply for various insurance claims so it’s best to seek legal advice as soon as possible.
There is a two-year time limit to file a complaint in the Superannuation Complaints Tribunal.
There is also a six-year time limit to file court proceedings, which usually begins when insurer rejects your claim.
How much does it cost (legal fees)?
We offer a No Win, No Fee guarantee, which means it costs you nothing if your claim is not successful.
We offer a fixed fee for our work, so you know exactly how much it will cost from the start. We will always let you know our fixed legal costs upfront before we begin work on your claim and there will be no hidden or unexpected costs.
Our professional costs vary depending on the complexity of your claim. However, they will never be disproportionate to the amount of your benefit.
What can be done if my claim is rejected (insurance disputes)?
If an insurance company has rejected your claim, we can provide a free second opinion on your prospects of challenging the decision
Rest assured, there are ways to dispute their decision. Our solicitors have a track record of successfully challenging and overturning thousands of claims.
To successfully dispute these decisions, our lawyers consider all dispute methods including requests for internal review with the insurer or complaints to an external complaint authority, including the Superannuation Complaints Tribunal or the Australian Financial Complaints Authority.
Strict time limits may apply to disputing these decisions so you should seek legal advice as soon as possible.
98% Success Rate
We win the overwhelming majority of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim, so you get the result you deserve.
We have been recognised as leaders in Superannuation Law. In 2020, we were awarded “Superannuation Law Firm of the Year” (GMB Awards). Be confident your Superannuation claim is in expert hands.
Superannuation Law Specialists
We have an expert team that deals exclusively with Superannuation, headed by Law Society Accredited Specialists. No matter how complex your claim, we have the expertise to handle it successfully.
Unlock All Your Entitlements
You may have valuable benefits outside your superannuation policy. Our point of difference is we investigate all your legal options, which often leads to additional benefits being recovered.
4.9 Star Rating on Google
Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating within the industry.
34 Offices Australia Wide
With offices all over Australia, we can help you wherever you are. And if you are too sick to travel, we can organise video conferencing, or come to you in person.
We have developed procedures that mean your claim can be lodged quickly, so you get to access your valuable benefits sooner.
Millions won for our clients
Here are some examples of our firm’s recent wins
Pieta’s claim is rejected by her insurer - she comes to us, and wins
Diagnosed with breast cancer in 2017, Pieta attempted to claim her Total and Permanent Disablement (TPD) benefit through her superannuation. We immediately took formal steps to protect her interests by filing a dispute notice.
Challenging an insurer’s decision can be difficult and most people are not aware of the complexity that underlines the dispute process. In this case, we carefully prepared our client’s application by obtaining medical and other evidence on Pieta’s behalf. Interestingly, eventually the insurer actually commended us on the depth of evidence we submitted on our client’s behalf. In the end, we were successful in challenging and overturning the insurer’s decision to reject Pieta’s claim. We were delighted – and so was Pieta – that we could draw on our expertise with disputed claims to implement a well-planned strategy for our client.
Aaron lodges a claim based on a complex and restrictive policy – and wins
After suffering a serious psychological injury, Aaron wanted to claim his TPD benefit via his super fund. However, his policy was very strict and, on the surface, he wasn’t eligible to claim any compensation.
When Aaron came to us, we knew that this wasn’t going to be an easy case to resolve since these types of claims rely so heavily on solid medical evidence. We started preparing a comprehensive claim. First, we engaged a group of leading, independent Medical Examiners to prepare detailed reports on Aaron’s condition. The Monaco team also paid for an Employability Assessment report on behalf of our client. Most people who seek our help cannot afford to pay for extra evidence which, in many cases, can ‘make or break’ their applications. This is where we can use our expertise and contacts to positively influence insurers’ decisions for our clients. As a result of this strategy, our team was successful in securing a $1,000,000 payment for our client.
Jim engaged us to review his claim 13 years after his injury – and he still won
Jim suffered a deep psychological injury in 2006 and tried to claim a TPD benefit through his super fund. His application was declined.
Thirteen years later, Jim came to us for a second opinion. We knew that his claim was too late to lodge and that he also couldn’t legally begin any court proceedings against the insurer. It was clear to us, that we would find it very difficult to secure compensation for Jim. However, our team was not discouraged and we accepted Jim’s case, determined to overturn the insurer’s decision. Knowing that the law in this area is very complicated, we assembled an expert team to work on Jim’s case thoroughly – leaving no stone unturned. Firstly, our lawyers reviewed recent court decisions similar to our client’s case. Using our past experience in similar cases, we also put together a detailed submission that addressed all 15 reasons why Jim’s insurer rejected his original claim.
Despite the odds, and even though it had been 13 years since a decision was made, we successfully overturned Jim’s rejected claim. Our comprehensive approach to what could have been an impossible case, resulted in a successful resolution for Jim who was awarded $525,000. He received $250,000 in TPD benefits and an extra $300,000 which was the interest accrued over the last 13 years.
John suffers from depression, can’t work and has no support from his GPs
John endured persistent bullying at work and as a result developed feelings of deep depression and anxiety. His condition was very serious. However, John’s treating doctors were not prepared to provide clear support for his claim. In their opinion, he could retrain and find other forms of employment. John’s policy stated that he had to prove he was “unlikely ever” to engage in any occupation within his education, training and experience. This definition allowed the insurer to decline his claim if they if they could prove he could retrain for another occupation.
John had progressed the claim himself and only engaged us towards the end when the insurer was about to make its decision. When we reviewed the case, we soon realised that it was riddled with problems and that the evidence submitted by John from his treating doctors was insufficient to get his claim over the line. We researched the case thoroughly and found court decisions which allowed us to argue that it was not an intention of the TPD policy that John should be required to retrain for a completely different occupation. In this case, our argument turned on John’s age and his relative lack of education, which strengthened our submission. In the end we secured a $310,000 payment for John. This amount was made up of his TPD benefits plus the interest that was accrued as a result of the insurer delaying acceptance of John’s claim.
Sarah’s undiagnosed conditions still results in a successful TPD claim
Sarah was a hardworking nurse who suffered from Fibromyalgia and Complex Regional Pain Syndrome. Unfortunately, the medical profession is not completely supportive of these chronic conditions due to a lack of the medical testing procedures used for diagnosing. Sarah’s particular insurance policy also presented us with a challenge. Under the terms of this policy, we were required to prove that Sarah will never be able to return to her job. This definition was tougher to than a more typical one, which requires a person to prove that they are ‘unlikely ever’ to return to their work.
Our lawyers had to ‘dig deep’ and engage independent medical experts who despite difficulties in diagnosing Sarah’s condition were able to provide favourable and supportive medical evidence. We then researched and found court decisions which allowed us to argue that Sarah’s condition satisfied the strict definition of the policy in that she would never be able to her job. In the end, we were successful in securing a $180,000 payout for Sarah.
Alex had ongoing physical restrictions as a result of a workplace accident.
Alex lodged a TPD claim himself. We also separately assisting Alex with a Workers Compensation claim. Unfortunately, there were complexities with his Worker’s Compensation claim given that the insurer’s independent doctors believed that he could return to work. The TPD insurer was due to decline his claim relying on the Worker’s Compensation evidence (which they are entitled to do).
Alex was doing the TPD claim himself, he only approached us when his claim was about to be declined. We put an extensive strategy in place (including an Employability Assessment and meeting with our Independent Medical Examiners) in attempts to disprove the other evidence in his claim. We also found a loophole in the policy which meant that he we could have Alex assessed under a different more relaxed definition, which he was not aware of and was something the insurer conveniently missed.
We were happy to be able to help Alex. Our strategy was successful and insurer finally accepted Alex’s claim.
Tony struggled with psychological injuries since birth and wanted to claim his Total and Permanent Disablement (“TPD”) benefit through his superannuation.
Unfortunately, his policy contain exclusion clauses excluding any claim for psychological conditions. Tony also suffered from physical conditions but they were not severe enough to prevent him from returning to work.
Tony’s policy was very strict in requiring him to prove that he was unable to work only because of his physical conditions. Even though Tony did not have a specialist doctor, we had him meet with one of our specialist doctors to assess him and eventually give a supportive opinion in his claim. We also requested a copy of his full government records and were able to prove that even though his psychological conditions were not included, he had actually suffered from physical conditions for some time as well.
This claim required a significant amount of work. We were successful in obtaining the full benefit for our client.
What to expect
Your Superannuation Claim Process
- You get in touch One of our lawyers will speak to you and get the details we need to start investigating your policy. It’s likely that the first lawyer you speak to will see your claim through to its successful completion.
- We’ll investigate your policy We’ll send you our initial pack which will request details of all your super fund memberships so we can investigate your entitlements.
- We advise you of your entitlements Once we get the details of your cover, your lawyer will give you free advice about what you’re entitled to and how to proceed.
- We gather evidence to support your claim We obtain evidence from third parties such as income tax returns, medical reports and Centrelink claim files. We may ask you to visit your doctor to complete a claim certificate.
- We review and submit your claim When all supporting evidence has been obtained, we will prepare detailed legal submissions in support of your claim. We will complete all of the claim forms and submit your claim.
- Independent medical examination This isn’t always necessary, but if it is, we will organise everything for you.
Your case is successfully resolved
We will ensure you receive your funds as quickly as possible. In the unlikely event that your claim is declined, your lawyer will review your claim and talk to you about further action you can take.
Work with our award winning team
Hear Janette speak about her story and how we figured out a way to help her.