WorkWelfareWills - Superannuation Disability Benefits

5. Superannuation Disability Benefits

Most super policies include disability benefits - but not all.
Super disability benefits are Total and Permanent Disability (TPD) lump sums or disability pensions or both.
They are usually insurance benefits which “top up” the contributions in your fund if you have to stop work.

To get a TPD lump sum, you have to show you can’t ever go back to your usual job or any other suitable work that fits your education, training or experience.
You don’t have to be unfit for any work at all. For example, if you have only ever done manual work and can’t do that type of work now, it won’t matter if the doctors say you could do office work.
If you lose the use of your arms, legs or eyes, you might qualify for a TPD benefit even if you can still work.
There is usually a 6-month qualifying period, but this can be reduced in some cases.
Many people with Disability will qualify for a TPD benefit.
Many people on Disability Support Pensions will qualify for a TPD benefit.

If you can’t do your usual job because of disability or illness, you may qualify for a total and temporary disability benefit (TTD).
Some funds have weekly or monthly payments if you can’t do your usual job
(TTD payments).
The payments can be up to 75% of your wage and might be paid for up to 2 years - or perhaps even up to age 65.
There is usually a qualifying period of 1, 3 or 6 months.
Payments are usually offset against workers’ compensation and sometimes transport accident and Centrelink payments.
Temporary payments might stop if your employment is terminated or if you are paid a TPD benefit.

Most employment super funds provide disability cover without any health questions - up to certain limits.
This means that if you already had disability or illness before you joined the fund, you will still be covered for disability benefits - including if you stop work because of a pre-existing injury or illness.

Super disability claims should be made as soon as possible.
However, claims can often be made years after stopping work.
It doesn’t usually matter if you’ve already been paid out your super contributions.
Disability claims can also be made by the estate of a person after they die.

There will be claim forms to fill in and medical reports and other papers to lodge.
You might be asked to sign medical, workers’ compensation and tax authorities and to go to a few medical and rehabilitation examinations.
It’s very important to give the right information and medical reports and to make submissions to help your claim.
TPD claims usually take approximately 12 months and TTD claims approximately 2-4 months. However, both can be longer.

You can ask the super fund to change the decision (Section 101 Complaint).
They have 90 days to make a new decision.
If your claim is still not successful, you can appeal to the court or to the Superannuation Complaints Tribunal (SCT).
The SCT is an alternative to the courts. It’s quicker and cheaper than most courts and cases are decided by written submissions and replies without formal hearings.
There are limits on the types of complaints the SCT can deal with.
It’s important to get update reports and make detailed submissions to support an SCT appeal.
Many appeals and complaints win or are settled.

There are time limits for appeals to the courts and the SCT.
Disability claims can be complicated and take a long time but it’s very important that you at least find out about your rights.
Get help from an experienced lawyer before making a claim or appeal.