MAURICE BLACKBURN LAWYERS SUPERANNUATION & DISABILITY INSURANCE - DISABILITY BENEFITS
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MAURICE BLACKBURN LAWYERS SUPERANNUATION & DISABILITY INSURANCE — DISABILITY BENEFITS
02 MAURICE BLACKBURN YOU’RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn’t have to suffer. That’s why we never stand back when bad things happen to good people. At Maurice Blackburn we believe that the law should serve everyone. Who you are or where you’re from, it doesn’t matter. You’re worth fighting for. Maurice Blackburn was born from one man’s belief in making a difference to people’s lives. Nearly 100 years on these values remain a powerful influence on everything we do. We exist to fight for your rights. For what you deserve. When life isn’t fair we’ll help you to fight for everything you’re entitled to. Because at Maurice Blackburn, we fight for fair.
03
SUPERANNUATION & DISABILITY INSURANCE
Superannuation & Disability Insurance
Superannuation and insurance can be really confusing and
claiming can be difficult. It’s important to know your rights
before you claim or before something goes wrong. Read on
to find out about your super and insurance benefits, and how
you can claim them.
Compulsory super What is my super?
Since 1992, work super has been compulsory Benefits Statements
in Australia. All employers must pay
You should get a Benefits Statement from
contributions of 9.5% (since Jan 2014) of
your super fund every year. The statement
salary into a super fund for employees who
will show what payments you can get but
earn at least $450 per month. Contributions
sometimes they’re hard to understand.
must be paid at least every three months. If
a worker is under 18 years of age then they If you’re not sure of your benefits or can’t
must work a minimum of 30 hours per week find any statements, contact Maurice
for contributions to be paid. Blackburn for help.
Disability benefits – you can claim Types of super benefits
Most super funds also have disability There are different benefits you can get if
benefits. So too do many insurance policies, you leave work:
such as income protection, sickness and
accident, mortgage protection and life • contributions – the money paid into the
insurance policies. If you have an injury or super fund by you or your employer plus
illness, you might have a claim. Many people interest
on workers’ compensation or Centrelink can • permanent disability benefits – usually an
claim. Most people don’t know their super insurance lump sum plus the contributions
or insurance rights. To find out, contact paid if you are permanently disabled, and
Maurice Blackburn for free advice and help.
• temporary disability benefits – monthly
payments if you can’t do your usual job.
When you start work, your employer should
give you forms to fill in to join a super fund.
You might have a choice of funds. When
picking a fund, check the disability and
death benefits.04
MAURICE BLACKBURN
When can I get my super? Superannuation disability benefits
Super contributions made by you before Disability benefits are in most super funds,
July 1999 can be paid when you leave a but not all. Call Maurice Blackburn and we
fund. However, employer contributions must will check for you (at no charge).
usually stay in a super fund until you retire
after age 55 or 60. Total & Permanent Disability (TPD)
benefits
The exceptions are:
You don’t have to be unfit for all work –
• if you’ve been on Centrelink payments only for your usual job or other suitable
for at least six months and can’t pay your work that fits your education, training or
living expenses (or nine months if you’re experience.
over 55 years and nine months old)
For example, if you’ve got a bad back and
• you need money because your house is you’ve only ever worked as a labourer or
about to be sold by a bank or other lender process worker, you will only have to show
that you can’t do manual work again to get
• you need money for certain medical,
the disability lump sum. It doesn’t matter if
transport, palliative care or funeral
your doctors say that you could do office
expenses for you or a dependant
work, if you haven’t done that type of work
• you can show other limited before.
compassionate grounds
Does my disability have to be work-related?
• you are a temporary resident and leave No. Unlike workers’ compensation, your
Australia permanently injury/illness doesn’t have to be work-
related. A heart attack, cancer, mental
• you are permanently incapacitated illness, MS, Chronic Fatigue Syndrome or an
• you have a terminal illness (less than 12 injury suffered at home or in a car accident,
months to live) can be used for your disability claim.
• your account balance is $200 or less, or What if it’s an old injury/illness?
It usually doesn’t matter if you had the injury
• you are over the minimum retirement age, or illness before you joined the super fund.
still working and take out an annuity or
pension. When can I claim?
There is usually no time limit to make a
Contact Maurice Blackburn for help. claim. Even if you have already been paid
your superannuation contributions, you
might still be able to make a disability
claim later.
In fact, your estate can even make a
disability claim after you die. However, it’s
a good idea to make a claim as soon as
possible.05
SUPERANNUATION & DISABILITY INSURANCE
Temporary disability benefits
Many super funds also pay monthly benefits
if you can’t do your usual job. These
payments can be up to 75% of your wage,
In my case, it’s been a struggle. and can be paid for two years or more.
But due to your work, I’m still Most payments are reduced if you get
hanging onto my house and my workers’ compensation weekly payments.
children went to university. Under some policies, the payments
stop if your job finishes or if you’re paid
— compensation or a lump sum, but not
Superannuation client always.
Can I have more than one claim?
Yes, you can have two or more lump sum
claims. You can also usually have a lump
sum claim and monthly payments. However,
monthly payments may be reduced by other
How do I claim? insurance monthly payments.
Write to your super fund to make a disability
Workers’ compensation and super
claim. They will send out claim forms and
ask you to send in medical reports and other In most states, a super payout will not
information to prove your claim. They may affect your workers’ compensation rights.
also send you to a doctor. It will usually take However, in Victoria, if you receive a super
many months before a decision is made. It’s lump sum, your workers’ compensation
very important to give the right information weekly payments might stop for a number
and reports to help your claim. Maurice of weeks. However, if you put the money
Blackburn can help you with a TPD claim. in a rollover fund and keep it there, your
weekly payments will continue. You can get
What if the super fund rejects my claim? the insurance part of a disability payment
The super fund’s decision is not final. If the without it stopping your WorkCover
fund says no, you can ask them to change weekly payments. If you are paid a super
the decision and send in more medical pension, your workers’ compensation
reports. If the fund still refuses your claim, weekly payments may be reduced. It’s really
you can appeal their decision to a court or important to get advice before you are paid.
tribunal. Most appeals win or settle. Contact
Maurice Blackburn for a free appointment to This currently only applies under the
help you through the process. Victorian workers compensation scheme
and not any other states.06
MAURICE BLACKBURN
Income protection insurance
Many self-employed people, managers,
subcontractors and workers have income
protection to cover them if they can’t work.
What are my benefits?
Income protection benefits start after a
waiting period and can continue for up
to two or five years, to age 65 or maybe
for life, depending on the super fund. The
benefits might be a set monthly amount or
a percentage of your salary.
They are paid if you can’t do your usual job
or maybe part of your job. Partial disability
benefits can be paid if you go back to part
time work. Benefits might be reduced if you
get compensation payments or Centrelink
payments – but not always.
Having problems with your claim?
Many people have problems with income
protection claims, particularly if they’ve
been on payments for some time.
You might have problems getting payments,
be sent to unsympathetic doctors or get
mucked around by the insurance company.
If this happens to you, contact Maurice
Blackburn for help.
Your lawyers went above and
beyond their necessary job
roles. They treated me with the
greatest respect and service, and
they achieved my goals with the
utmost care and courtesy.
—
Superannuation client08
MAURICE BLACKBURN
Other insurance benefits Government superannuation funds
You might have other insurance or super State and Federal public servants have been
policies that also pay disability benefits. covered by specific superannuation schemes
for many years.
• Many employers arrange income
protection of lump sum insurance benefits State superannuation
for their employees or subcontractors (eg. State superannuation schemes such as:
Incolink, Protect, IUS).
• NSW – State Authority Super and First
• Some people have their own super or State Super
life insurance policies that might include
disability lump sums or premium waiver • Vic – ESSS and VicSuper
benefits. • Qld – QSuper
• Some people also have ‘trauma’ insurance • WA – Gold State Super and GESB
policies that pay lump sums if you have
particular disabilities (eg. MS, cancer, heart • SA – Super SA
attack, stroke) – even if you can still work.
• Tas – Retirement Benefits Fund, and
• Banks and credit companies ask
• NT – NT Government Super.
customers to take out insurance to cover
mortgages or loans if they can’t keep Pay life time pensions or lumps sums if you
up the repayments because of injury or are permanently unfit for work or die, or
illness. temporary pensions if you can’t work in the
short term.
• Some unions, credit unions and sporting
and social clubs have disability insurance Commonwealth superannuation
for their members. Most federal public servants are members
Call Maurice Blackburn to check if it’s of:
possible for you to claim. • The Commonwealth Superannuation
If my claim is rejected, can I appeal? Scheme (CSS)
Yes. Claim forms, medical reports and • Public Sector Super (PSS)
other information will have to be given to
• PSS Accumulation Plan (PSSAP)
the insurance company for your claim. It
can take many months before a decision is • Military Super and Benefits Scheme
made. (MSBS), or
The insurance company might tell you there • The Australian Government Employees
are time limits for making a claim, but that is Superannuation Trust (AGEST).
usually wrong.
The CSS, PSS and MSBS are generous
If your claim is rejected or if you’re mucked defined benefit funds which include
around, you can make a complaint and then invalidity benefits usually paid as lifetime
appeal to a court or ombudsman. Most pensions if you are permantely unfit for your
appeals win or settle. usual job or any other suitable work.
It’s important to get help with a claim or
appeal.09
SUPERANNUATION & DISABILITY INSURANCE
Where can I appeal?
You can appeal against decisions by super
funds and insurance companies.
Maurice Blackburn has the Courts
largest and most experienced You can appeal most super and insurance
decisions to the courts – except for
Superannuation team in decisions of some Government super funds.
Australia. We’ll fight to win There is usually a six year time limit for filing
your claim and clearly explain a court case, but when the six year period
starts can vary.
your rights and entitlements.
With some superannuation cases the time
limit is up to 15 years. Most court cases win
or settle. If your claim is rejected, contact
Maurice Blackburn for a free appointment
and help.
Under the MSBS the rate of the invalidity Superannuation Complaints Tribunal
pension depends on the severity of your You can appeal a decision of a super fund
disability. to the Superannuation Complaints Tribunal.
AGEST and PSSAP are accumulated The Tribunal can change the decision if
contributions schemes which include it’s unfair or unreasonable. Before you can
total and permanent disability and death go to the Tribunal, you must ask the super
insurance lump sums and temporary fund to change its decision. If it doesn’t do
disability insurance payments. this within 90 days, you can appeal to the
Tribunal. With most total and permanent
Claims disability (TPD) claims, an appeal must
Government superannuation disability be made within two years of permanently
benefit claims are basically made the same stopping work and the first rejection of the
way as other super schemes, although claim. However, these time limits are about
different time limits can apply. Contact to change.
Maurice Blackburn for help.
If the Tribunal can’t help with your claim,
you might still be able to go to court. Time
limits apply. Contact Maurice Blackburn for
help with your Tribunal complaint.10
MAURICE BLACKBURN
Financial Ombudsman Service (FOS) Checklist for superannuation or
If you’re mucked around by an insurance insurance claims
company, you can appeal to a court or an
• Have you stopped work?
insurance complaints scheme.
• Are you on a Centrelink Disability
The Financial Ombudsman Service (FOS)
Support Pension?
can deal with complaints against life insurers
on total and permanent disability (TPD) or • Are you on a workers’ or motor vehicle
income protection claims, and complaints accident compensation?
against general insurers on sickness and
accident disability claims. • Have you ever had:
You have the right to take your case to court ——employment super?
if you’re not happy with the decision of the ——income protection insurance?
FOS. Many complaints win or settle. Contact
Maurice Blackburn for a free appointment ——employment disability insurance?
and help. ——private super?
Help ——life insurance?
It’s really important to get expert advice and ——mortgage protection insurance?
help with any superannuation or insurance
——trauma insurance?
disability and death claims.
If you answered ‘yes’ to any of the above
Maurice Blackburn has helped thousands of
(or if you’re not sure), contact Maurice
people get hundreds of millions of dollars in
Blackburn to check for a possible claim.
super benefits.
Maurice Blackburn has the largest
superannuation and insurance legal practice
in Australia. We have offices in the ACT,
NSW, Queensland, Victoria and WA, and
visiting offices in the other states and
territories. We can make an appointment to
see you at our local office.
We’re experts in tracking down your super
and will take on your claim on a no win,
no fee* basis. To check if you have a super
claim, call our helpline 1800 196 050.
More information is also available on
our super and insurance website
mauriceblackburn.com.au.
*Conditions applyCONTACT US Superannuation & Insurance
Claims
Work Related Injuries
If you are considering legal action or want to fight for Road Accident Injuries
your rights, get in touch and we can assess what you Medical Negligence
need or arrange for a meeting with one of our lawyers.
Asbestos Diseases
For most practice areas, your first consultation is free. Public Liability
Faulty Products
1800 196 050 (business hours) Comcare
Will Disputes
mauriceblackburn.com.au Employment & Industrial Law
Class Actions
Social Justice
You are welcome to drop into one of our offices
nationwide.
Call us or visit the website for more details:
Victorian Offices Queensland Offices
(03) 9605 2700 (07) 3016 0300
Melbourne Brisbane
Dandenong Browns Plains
Frankston Caboolture
Geelong Cairns
Greensborough Gold Coast
Mildura Ipswich
Reservoir Mackay
Ringwood Rockhampton
Sunshine Strathpine
Traralgon Sunshine Coast
Wangaratta Toowoomba
Townsville
NSW Offices Western Australia Offices
(02) 9261 1488 (08) 9331 1120
Sydney Perth
Parramatta Hamilton Hill
ACT Office South Australia Office
(02) 6120 5000 (08) 7109 2700
Canberra Adelaide
We also have visiting offices in the other states and
territories.Maurice Blackburn is a leading Australian law firm certified to the international ISO 9001:2008 quality standard. Information correct at 1 April 2014. This brochure is a general guide to dealing with Superannuation claims and is not a substitute for professional advice in this area. Maurice Blackburn is proud to be carbon neutral (see our website for details). This brochure is printed on ecoStar Silk. Made with 100% certified post consumer waste fibre, it is produced with a carbon neutral manufacturing process and has been made in a facility that operates under the ISO 14001 Environmental Management System. MB4184_NATSDIB 08/15
You can also read
