Superannuation and Life Insurance Claims
Your superannuation fund isn’t just for retirement: it’s also packed with additional benefits to support you and your family.
If injury, illness or a close family member's passing has left you unable to work, you could have a claim.
Specialist legal services we can help you with
Do I have a claim?
If a workplace injury has left you unable to work, you may have a claim.
You might’ve just been injured, or already had an insurer reject your claim. Whatever your circumstances, our superannuation team is here to help. We’ll find out exactly where you stand, free of charge.
Here is what an expert lawyer can do for you
Strong legal advice and representation can completely change the outcome of your case.
A good lawyer will:
- Identify your superfund 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 Total and Permanent Disability, income protection, or life insurance claims
- Prepare your claim to ensure its success
- Advise you on the right strategy to progress your claim
We offer a free initial consultation, in person or over the phone. Our lawyers investigate your policies, determine if you’re eligible for disability insurance, and estimate how much you’re likely to get.
No Win No Fee Guarantee
We offer a No Win, No Fee Guarantee. It’s free to start your claim, and you only pay us when we’re successful.
In 2021 alone, we secured over $51 million in superannuation insurance payouts for our clients.
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 claim?
It’s likely you have a claim. You might not know where to start, or have already had your claim rejected by an insurance company. Whatever the case, our superannuation team will tell you exactly where you stand, free of charge.
A successful claim will not affect your hard-earned superannuation contributions. The payout you receive will be covered by a separate insurance policy.
If you have an illness or injury that permanently affects your ability to do your regular job, then you most likely have a Total and Permanent Disability (or TPD) claim.
TPD is a lump sum payment you can claim through 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.
Income Protection claims
If you can’t work because of an injury or illness, you may be eligible for income protection insurance. This provides you with a wage replacement until you’re able to work again.
You don’t have to prove that anyone was at fault, just that you can no longer do your job, are not working, and are receiving medical care.
Life insurance and death benefit claims
All superannuation funds offer death benefits in the event of a loved one’s death. If you are a spouse, child, nominated beneficiary, or were financially dependent on a loved one, you may be entitled to a lump sum benefit from their superannuation and insurance benefits.
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 four weeks; most take between 6 to 9 months. Our team have developed procedures to fast-track your claim, so you get access to your valuable entitlements sooner.
During your free consultation, we’ll assess your exact situation and policy terms, and give you a more precise estimate.
Are there any time limits for making a claim?
Insurance claims have time limits, so it’s important to seek legal advice as soon as possible.
There is a two-year time limit to file a complaint in the Superannuation Complaints Tribunal. If an insurer rejects your claim, there is a six-year time limit to file court proceedings.
How much will it cost me?
We offer a No Win, No Fee guarantee, which means it costs you nothing if your claim is unsuccessful.
We will always let you know our fixed legal costs upfront, before we begin work on your claim. There are never any hidden or unexpected costs.
Our professional costs vary depending on the complexity of your claim, but 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 that decision.
Rest assured, there are ways to dispute their decision. Over the last two decades solicitors have a track record of successfully challenging and overturning thousands of claims.
To successfully dispute insurer decisions, our lawyers consider all dispute methods, including requests for internal review with the insurer and complaints to external complaint agencies, such as the Superannuation Complaints Tribunal or the Australian Financial Complaints Authority.
Strict time limits apply to disputing insurer decisions, so it’s important to get legal advice as soon as possible.
What if my illness or injury progresses over time?
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—that is, if you are medically stable and have exhausted all medical treatment options for your illness or injury.
As part of your superannuation claim, it is vital to have medical support. We want to ensure that when you cease work due to an injury or illness, you have doctors who medically support this decision, and will confirm that you can no longer do your current job or any other job within your education, training and experience.
My insurance advisor left me without adequate cover—do I have a claim?
In order to pursue a claim through your superannuation, 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.
In essence, this means if you were not insured at the time, you may not have a claim. However, there are still circumstances in which you may be entitled to a claim, and a specialist lawyer can help outline your options.
That’s where our free initial consult can help—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 level of cover, or just want advice on your situation, give us a call today.
Is my mental health condition covered?
Yes, you can claim for mental health conditions, also known as psychological injuries. While, in our experience, insurers can discriminate against claims based purely on psychological injury, we know the impact a mental health condition can have on your quality of life. In fact, many of the claims we handle are purely psychological or include a psychological element.
Is my psychological injury covered?
We are committed to helping claimants with psychological injuries get the compensation they deserve. Psychological injuries can include (but are not limited to):
- Psychotic disorders, including Post-Traumatic Stress Disorder (PTSD) and Schizophrenia
- Developmental disorders, including autism
- Degenerative conditions, including Alzheimer’s disease and dementia
Do I have a claim for psychological injury?
You likely have a claim if you:
- Ceased work because of your psychological condition
- Are unable to return to work due to psychological injury; and/or
- Receive regular treatment from a doctor, psychologist and/or a psychiatrist
It does not matter what the cause of your mental health condition was.
Proving psychological injury
While supporting documents from a psychologist or psychiatrist will aid your claim, we understand that the costs associated with visits to these medical professionals can be prohibitive. If you have ceased work due to psychological injury but have not yet seen a mental health professional, you may still have a claim.
It is important to note that there is a much greater subjective element in evaluating psychological injury, when compared to physical illness or injury. This means that your insurer will likely take more time to evaluate your claim. They may also require you to undertake extra medical assessments or provide additional expert reports. Unlike physical illness or injury, there is no strict test to determine the effect a psychological injury has had on a person’s life. Accordingly, and in our experience, insurers often rely on this when declining claims for psychological injuries.
While claims can be purely psychological, they can also be—and often are—a combination of physical illness or injury and psychological injury.
Our strong background in psychological injuries means we’ve achieved a successful outcome for over 95% of our clients making psychological claims.
Who pays my compensation?
When making a superannuation claim, many people are concerned their employer will be liable to pay their compensation. While your employer may have to provide a statement, they are not legally involved in the claim.
In the case of insurance and superannuation claims, it’s the insurer who will pay benefits. In some cases, this is through your private life insurer, superannuation fund, employer sickness and accident insurer, or even your mortgage and credit card insurers.
The benefit you receive corresponds to the date that you last worked or the date that you first became injured or ill (and therefore 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.
Can I access my super account balance early?
When we think of superannuation, we usually think of an account balance paid upon retirement, or after reaching the designated age. However, in particular circumstances, you may successfully apply to release your super account balance earlier.
These circumstances can include, but are not limited to:
- Financial hardship
- Compassionate grounds
- Permanent incapacity
- Temporary incapacity
- Terminal illness
In addition, your super benefit can be released early if the money is required for:
- The cost of medical treatment (provided it is not commonly available in the public health system); or
- Medical transportation costs (required by either the fund member or their dependant); or
- Loan repayments (to prevent mortgage sale of property); or
- Special needs modifications to the home or transport of a severely disabled fund member (or dependant); or
- Palliative care or funeral expenses of a fund member or their dependant
A claim for early release of super funds is similar to a Total and Permanent Disability (TPD) claim, in that they are both assessed under similar criteria. Namely, that the claimant ceased work due to an injury or illness and, as a result of that injury or illness, is unable to return to any work that is within their education, training or experience.
In order to satisfy the criteria, the Fund’s Trustee requires sign off from two qualified medical practitioners, confirming that you are permanently incapacitated.
At Monaco Solicitors, we focus primarily on permanent incapacity and TPD. Our team are experts at helping clients gain early access to their super in situations where they can no longer work. If you are unable to work due to permanent incapacity or TPD, or you’re unsure of whether your injury or illness qualifies, get in touch today.
For more information on the early release of super funds, head to the ATO online guide.
98% Success Rate
We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.
We are leaders in superannuation law. In 2020, we were “Superannuation Law Firm of the Year” (GMB Awards).
Superannuation Law Specialists
Our dedicated superannuation team is 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 other valuable benefits on top of your superannuation claim. We investigate all your legal options, often recovering additional benefits.
4.9 Star Google Rating
Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating in the industry.
34 Offices Australia Wide
With offices all over Australia, we can help you wherever you are. Alternatively, we can organise video conferencing, or come to you in person.
Our streamlined procedures mean we lodge your claim quickly, so you can access your valuable benefits sooner.
Millions won for our clients
Here are some examples of our firm’s recent wins
Pieta’s claim was rejected by her insurer. We got the decision overturned.
When Pieta was diagnosed with breast cancer in 2017, she attempted to claim a Total and Permanent Disablement (TPD) benefit through her superannuation. When her insurer rejected the claim, Pieta came to us. We immediately filed a dispute notice.
Challenging an insurer’s decision is difficult: they are well-resourced, and superannuation claims are more complex than many people realise. In Pieta’s case, we supported her claim using strong evidence, including medical reports. Our depth of evidence was even commended by the insurer.
Our strategy was well-planned, and drew on our expertise in disputed claims. In the end, we were successful in challenging the insurer, and their decision to reject Pieta’s claim was overturned. Both Pieta and our team were delighted with the outcome.
Aaron tried to claim TPD under a strict insurance policy. We obtained additional evidence and 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, it seemed unlikely Aaron would be eligible to claim any compensation.
When Aaron came to us for assistance, we immediately knew that his case would prove a challenge. Claims like his rely heavily on solid medical evidence, so we prepared his application comprehensively. First, we engaged a group of leading independent Medical Examiners to prepare detailed reports on Aaron’s condition. We also paid for an Employability Assessment report — a form of extra evidence most of our clients cannot afford themselves. In many cases, it’s additional evidence like this that will make or break an application.
We successfully resolved Aaron’s claim, and he received a benefit of $1,000,000 within 4 months.
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 declined.13 years later, Jim came to us for a second opinion. Two obvious challenges presented themselves: it was too late to lodge a claim, and Jim couldn’t legally begin court proceedings against his insurer.
Knowing the complexity of the law in this area, we assembled an expert legal team to work on Jim’s case. First, our lawyers reviewed recent court decisions that mirrored Jim’s case. We also used our own experience with similar cases. The insurer, when rejecting Jim’s original claim, had cited 15 reasons. Our submission addressed each of the 15 reasons individually.
Though it had been 13 years since the original decision, we successfully overturned the original decision made by the insurer in 2006. Our comprehensive approach turned a difficult case into a successful resolution. Jim was awarded $250,000 in TPD benefits, as well as an extra $300,000 in accrued interest. His payout totalled $525,000.
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 bullying, John developed depression and anxiety. When trying to claim a superannuation benefit, he hit a roadblock. John’s policy required him to prove he was ‘unlikely ever’ to engage in any occupation within his education, training and experience.
Though his condition was serious, John’s treating doctors were not prepared to provide clear support for his claim. They suggested John retrain to find other forms of employment. The doctors’ belief that John could retrain gave his insurer cause to decline his claim.
Initially, John submitted his claim without legal help. Only when the insurer was due to make its decision did he seek legal advice.
We reviewed the case, noting problems in the submission and insufficient medical evidence.
We then asked the insurer for time to address these problems. We used court decisions from similar cases to strengthen John’s application. We argued that the intention of the policy was improperly considered in that it did not require claimants to retrain for a completely different occupation. John’s age and relative lack of education further strengthened our submission.
In the end, we secured John a $310,000 payment. This included his TPD benefits and interest accrued as a result of the insurer delaying acceptance of John’s claim.
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 a TPD claim himself. At this same time, we were assisting Alex with a Workers’ Compensation claim.
Unfortunately, Alex’s TPD claim proved to be more complex than he thought. The insurer was relying on evidence from the Workers’ Compensation doctors, who believed Alex could return to work.
With his claim set to be declined, Alex came to us for help. To disprove the insurer’s evidence, we put an extensive strategy in place. We also found a loophole in the policy, allowing us to have Alex assessed under a more relaxed definition. Alex was not aware of this loophole, and his insurer had not informed him.
Our strategy was successful, and the insurer finally accepted Alex’s claim. He was awarded a benefit of $280,000.
Sarah struggled to get medical support for her claim. We used our network of experts to 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 the medical testing and disagreements over diagnosis, the medical profession often disagrees on these conditions.
When we began work on Sarah’s case, we discovered her policy was stricter than most. It required Sarah to prove that she was ‘unlikely ever’ to return to her work. This was not easy to prove because Sarah was young and otherwise healthy.
Given the challenges, our lawyers dug deep — engaging independent medical experts who (despite difficulties in diagnosing Sarah’s condition) were able to provide detailed supportive medical evidence. We also found past court decisions to show Sarah’s condition satisfied the strict definition of the policy.
In the end, we secured Sarah a $180,000 payout as well as income support benefit paid over 10 years.
Tony’s insurer claimed he could return to work. We used expert medical evidence to prove them wrong.
Since birth, Tony had suffered from both physical and psychological injuries. Unfortunately, his policy contained clauses excluding any claim for psychological condition. Tony was required to prove his physical conditions alone prevented him from working.
Tony’s insurer deemed his physical conditions too mild to prevent him from returning to work. When Tony came to us, two of our specialist doctors assessed him, providing support for his claim. We also used his government records to prove that Tony did, in fact, suffer from debilitating, long-term physical conditions.
We were able to successfully argue that Tony’s physical conditions met the insurer’s threshold and secured payment of his $180,000 benefit.
What to expect
Your Superannuation Claim Process
- You get in touch You speak to one of our lawyers and they start investigating your policy. It’s likely that the lawyer you speak to will see your claim through to its successful completion.
- We’ll investigate your policy You tell us about your super fund membership and we investigate your entitlements.
- We advise you of your entitlements 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, including income tax returns, medical reports, and Centrelink claim files. We may ask your doctor to complete a claim certificate.
- We review and submit your claim Once we have all the evidence, we prepare detailed legal submissions in support of your claim. We 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
Work with our award winning team
Hear Janette speak about her story and how we figured out a way to help her.