LEONARD AND WELCHLAW & Orderly blog.

Helping You Access Your Superannuation Benefits — No Win, No Fee

If illness, injury, or disability has stopped you from working, your superannuation fund may (and is likely to) include insurance benefits you didn’t know you had. Leonard & Welch can help you access your superannuation insurance benefits.

Many Australians are unaware that their super fund provides Total and Permanent Disability (TPD) insurance, Income Protection (IP) insurance, and death or terminal illness insurance.

If it involves superannuation and insurance, it fits squarely in the domain of Leonard & Welch.

Our job is to act for clients to access their superannuation insurance benefits. With almost 30 years of experience, there isn’t much an insurance company has done that we haven’t seen. Whether it’s delayed claims, rejected claims, or complicated claims.

We work for clients no win no fee and never work for insurance companies. The thought of doing so brings feelings of illness!

What Are Superannuation Insurance Benefits?

Most superannuation funds include insurance to protect members unable to work due to illness or injury. These policies typically include:

  • TPD Insurance: A lump sum payment if you can’t return to work in your usual or any suitable occupation.
  • Income Protection: Monthly payments in lieu of your wage if you’re temporarily (or permanently) unable to return to work.
  • Death & Terminal Illness Benefits: Lump sum payments paid early or paid to beneficiaries.

Sometimes people have more than one super fund, meaning they may have entitlements to more than one disability insurance benefit. This is less likely today than it was several years ago due to legislative intervention. However, it remains possible, and Leonard & Welch will ensure all entitlements are identified and claimed.

Why Are Superannuation Claims Rejected?

Claims are often denied or delayed or rejected due to:

  • Incomplete or incorrect medical evidence.
  • Strict interpretations of policy definitions.
  • Scepticism towards mental health and other types of claims.
  • Chronic or fluctuating conditions.
  • Incorrect forms or documents.
  • Insurers believing you can work in unrealistic roles.
  • Delays designed to discourage claimants.

Rejections can often be successfully challenged, and we’re here to help.

How Leonard & Welch Supports You

We handle every step of the process:

  1. Identify All Super Funds: We uncover all TPD or income protection policies, even dormant accounts.
  2. Explain Your Cover: We simplify complex policy terms, so you understand your entitlements.
  3. Gather Evidence: We work with your medical team to provide strong evidence, especially for mental health, chronic, or complex conditions.
  4. Lodge Your Claim: We handle all insurer correspondence and documentation.
  5. Challenge Rejections: If denied, we request reviews, escalate to the ombudsman or to court, where necessary.
  6. No Win, No Fee: You only pay if we succeed.
Who Is Eligible for a TPD or Superannuation Claim?

You may qualify if you:

  • Have stopped work due to medical incapacity.
  • Can’t return to work due to illness or injury.
  • Suffer from mental health conditions, chronic illness, or long-term injury.
  • Have a terminal illness.
  • Had a claim rejected, but believe the decision was wrong or unfair.
Eligibility doesn’t depend on how the condition occurred or whether it’s work-related.

Common Conditions That May Qualify

We assist clients with:

  • Physical Injuries: Back, spinal, shoulder, hip, or knee injuries; chronic pain.
  • Mental Health: Depression, PTSD, anxiety, bipolar disorder, work-related stress.
  • Chronic Illness: Cancer, heart disease, autoimmune or neurological conditions, diabetes complications.
  • Any other ill-health condition whether diagnosed or not.
The Leonard & Welch Process
  1. Free Claim Review: We assess your entitlements and provide clear advice.
  2. Evidence Collection: We organise medical and occupational evidence.
  3. Claim Lodgement: We handle all forms and insurer communication.
  4. Insurer Negotiation: We advocate for you and manage delays.
  5. Appeals & Disputes: We challenge rejections and escalate if needed.
  6. Payment of Benefits: Once approved, TPD benefits are paid as a lump sum.
Frequently Asked Questions

How long does a TPD claim take?  Most claims take 3–6 months before a decision is made, but there are many variables.

Can I claim TPD from multiple super funds? Yes, if you have multiple funds, each may have its own TPD benefits.

Does claiming TPD reduce my super balance? No, TPD benefits are insurance benefits and in most instances are entirely different from your super account balance.

What if my claim has been rejected?  Rejections can often be successfully challenged. We can help.

There is, of course, plenty to know that is not covered here, and as the usual legal disclaimer goes, the information here is of a general nature because legal advice always depends on your circumstances.

Contact

You can call us at (03) 9969 7077 or via email at info@leonardwelch.au.

Leonard & Welch – the original (and the best) super lawyers!

📞 Call (03) 9969 7077

💼 No Win No Fee