Superannuation & TPD Claims

TPD Claims, Denied Super Insurance & Death Benefit Disputes

Most Australians have TPD, income protection, and life insurance through their superannuation fund without realising it. If you are permanently unable to work, your fund has denied a claim, or a family member has died with superannuation — you may have significant entitlements under the Superannuation Industry (Supervision) Act and your fund's trust deed. Submit your request and get a free assessment from a superannuation lawyer.

Free case assessment No win, no fee options Most super funds covered Time limits apply

⚠ TPD and superannuation insurance claims have limitation periods and can be affected by delays. If your claim has been denied or you have not yet lodged — submit your request now.

What You Can Submit

Superannuation and insurance claim matters handled at all stages.

From lodging a first TPD claim and disputing a denial to death benefit claims and early release applications — submit your matter and a superannuation lawyer will follow up.

Total & Permanent Disability (TPD) Claims

Claiming a lump sum TPD benefit through your superannuation fund where a medical condition or injury has left you permanently unable to work in your usual occupation or any occupation.

Disputed & Denied TPD Claims

Challenging a superannuation fund's decision to deny or reduce a TPD claim — through internal dispute resolution, AFCA, or court proceedings.

Death Benefit Claims

Claiming superannuation death benefits and associated life insurance on behalf of a deceased member's estate or dependants — including disputed nominations and trustee decisions.

Income Protection Claims

Claiming monthly income protection benefits through a superannuation or standalone policy following illness or injury that prevents you from working.

Superannuation Disputes (AFCA)

Lodging a complaint with the Australian Financial Complaints Authority (AFCA) regarding superannuation fund decisions, delayed payments, and disputed benefits.

Early Release of Superannuation

Applying for early access to superannuation on grounds of permanent incapacity, terminal illness, severe financial hardship, or compassionate grounds.

Terminal Illness Claims

Accessing superannuation benefits and insurance payouts following a terminal illness diagnosis — including TPD, life insurance, and tax-free superannuation withdrawals.

Binding Death Benefit Nominations

Disputes about who receives a superannuation death benefit — including challenges to binding nominations and trustee discretion decisions.

Superannuation Fund Complaints

Complaints about fund administration, incorrect fees, lost contributions, inadequate insurance, and trustee conduct that has affected your superannuation balance.

When to Act

Many Australians miss out because they don't know what they have.

Most Australians have TPD and life insurance through their superannuation fund without realising it. Understanding what you are entitled to — and acting before time limits expire — can make a significant financial difference.

1

A serious physical or mental health condition has permanently prevented you from working

TPD insurance held within superannuation pays a lump sum where you are unlikely ever to work again due to injury or illness. TPD definitions vary — "any occupation" definitions require inability to work in any job for which you are reasonably suited by education, training, or experience; "own occupation" definitions are more favourable and focus on your specific role. A lawyer can assess whether your condition meets the applicable definition in your fund's trust deed.

2

Your TPD claim has been denied by the fund and you want to challenge the decision

A TPD denial is not final. Most successful claims are initially rejected — often because the fund's own medical assessors apply restrictive definitions or discount treating doctor evidence. The internal dispute resolution process, AFCA complaint, and court proceedings under the Superannuation Industry (Supervision) Act are all available pathways. AFCA complaints must typically be lodged within 6 years of the decision or 2 years of becoming aware of it.

3

A family member has died and the death benefit payment or nomination is disputed

Superannuation does not automatically form part of a deceased person's estate — the trustee exercises discretion to pay benefits to eligible dependants or the estate, unless a valid binding death benefit nomination exists. Disputes between family members, challenges to nominations, and trustee decisions that appear to favour certain parties over others can be challenged through AFCA or the courts under the SIS Act.

4

You have multiple old super funds that may still hold insurance cover

Workers who change jobs frequently often accumulate multiple superannuation accounts — many of which still hold TPD and life insurance that was active at the time of a qualifying injury. Lost super can be located through myGov/ATO. However, insurance cover in inactive accounts is time-limited after contributions stop — typically cancelling after 16 months of inactivity under the Protecting Your Super reforms. Acting before cover lapses is critical.

5

Your income protection payments have been cut or you are approaching the maximum benefit period

Income protection policies pay a monthly benefit — typically 75% of pre-disability income — for a set benefit period (commonly 2 years or to age 65). When payments stop or are disputed, a concurrent TPD claim may provide a lump sum that replaces the ongoing income protection income stream. Legal advice while income protection is still active helps identify and prepare the TPD claim before time limits in the fund's trust deed expire.

6

You have been diagnosed with a terminal illness and need to access superannuation tax-free

A terminal illness diagnosis — certified by two medical practitioners as likely to result in death within 24 months — entitles you to access your entire superannuation balance tax-free under the SIS Act, regardless of your age. Accessing TPD benefits concurrently may also be possible. The application process involves specific medical certification requirements, and specialist legal advice ensures all available entitlements are claimed together.

How It Works

One request. The right superannuation lawyer.

Describe your condition and situation in plain language — you do not need to know your policy details upfront. A superannuation lawyer will assess your potential entitlements and explain the process.

Submit Your Request
1

Describe your situation

Submit the form with your contact details, state, the nature of your injury or illness, and a brief summary. Mention whether a claim has already been lodged or denied.

2

Claim is assessed

Your matter is reviewed to identify potential entitlements, the relevant super fund policy, and the best approach — whether lodging a new claim, appealing a denial, or pursuing AFCA.

3

Follow-up is arranged

A superannuation lawyer contacts you to discuss your potential claim. Most TPD lawyers offer no-win, no-fee arrangements for viable claims.

Information That Helps

What to include in your request.

The clearer your summary, the easier it is to assess your potential entitlements and identify the right superannuation lawyer.

Your superannuation fund name — or names if you have multiple accounts.

The nature of your injury, illness, or condition and when it first affected your ability to work.

Whether you are currently working, on sick leave, receiving WorkCover, or have stopped working entirely.

Whether a TPD or insurance claim has already been lodged with the fund, and any response received.

For death benefit claims — the deceased's fund name, date of death, and relationship to the claimant.

Any medical reports, specialist opinions, or treatment records already available.

Urgent superannuation situations

If any of the following apply, include it clearly so your request can be flagged as urgent.

TPD claim denied AFCA deadline approaching Terminal illness diagnosed Death benefit disputed Insurance cover lapsing Limitation period close Fund refusing to pay Income protection stopped

Submitting this form does not create a lawyer-client relationship and does not replace formal legal or financial advice.

Coverage

Superannuation and TPD claim requests accepted from all states and territories.

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Ready to Take the First Step?

Submit your request and a legal representative will be in touch to discuss your matter.

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