Superannuation claim

Making a superannuation claim can be a complex process, particularly as most Australians have more than one super account. This money can be claimed when you retire and in a number of other special circumstances. At Maurice Blackburn we have the largest superannuation claims legal department in Australia and our superannuation lawyers will ensure you get everything you’re entitled to.

Claiming superannuation insurance

If you are unable to work due to an illness or disability, you may be able to claim a lump sum insurance payout from your superannuation. This is in addition to your account balance, and your illness or injury does not have to be work related. Our superannuation claims lawyers can examine your policy and help you obtain total and permanent disability (TPD) benefits, income protection benefits, terminal illness benefits, and death benefits.

Maurice Blackburn have lawyers in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia. Contact us today to find out how we can help you.

All you need to know about Superannuation insurance

Most superannuation policies have insurance elements which are there to protect you if you can't work for any medical reason. We’ll explain who can make a claim and how the legal process works.

Robert's story - Superannuation claims

"It was a very, very frustrating time and I just didn't know where to turn."

Frequently Asked Questions

When can I lodge a claim?

You can lodge a superannuation claim as soon as you stop work. This means you can:

  • claim super insurance benefits when you are not working but are yet to retire, and
  • claim your super as a lump sum or in instalments once you have retired.

Can I have more than one TPD claim?

Yes, you can have multiple total and permanent disability (TPD) claims.

What papers should I lodge with the claim?

For disability benefits claims you need a claim form, medical reports that support the claim, relevant documents from medical and other authorities, relevant tax records and written submissions. It is really important to get help with a claim.

For death benefits claims, you need a claim form and any papers showing your relationship to the deceased and any financial dependants.

Will I have to go to insurance doctors?

Yes, but usually only one or two.

What if I go back to work?

Your TPD claim will probably stop but you might still be eligible for partial disability payments.

Who can claim super death benefits?

Any dependants of the deceased or their estate can claim super death benefits. This includes a legally married spouse, de facto partner (including same-sex partner), children, financial dependants and inter-dependants.

Death benefits can be claimed by the super policy holder before they die if two doctors certify that the person suffers from a terminal illness and has less than one year to live.

If you want to contest super death benefits, it is important to contact a lawyer immediately.

Can I complain about the trustee/insurer?

Yes, but do it immediately because there is usually a 28 day time limit. You can lodge an internal complaint and the trustee has 90 days to make a decision. Get legal help.

Can I appeal to a court or tribunal?

Yes. You can appeal to the Superannuation Complaints Tribunal but there is usually a 28 day time limit. Get legal help.

What legal fees are involved in making a super claim?

Maurice Blackburn represents clients making super claims on 'no win, no fee' basis.

No win, no fee*

Our superannuation claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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