If you’ve tried to access a TPD payment through your superannation fund but been unsuccessful we may still be able to assist you.
Previously the decisions of the trustee of your super fund were considered discretionary, and final. Not any more.
A High Court case in 2010 changed the situation. Now, if you are suffering and need assistance the trustee of your super fund has a duty to properly inquire and consider your case, and their decisions may be reviewed in a court of law.
One of the reasons that it is considered so important that the trustee of your super fund take your application into consideration is that it has been acknowledged by the High Court that superannuation is something you work for all of your life, and is part of the remuneration you received for your hard work. To deny payments on the grounds of discretion was held to be contrary to the very purpose of a superannuation fund.
If you have suffered a disability and you need to either apply to your super fund, or have a decision reviewed, we can help you.
Contact our personal litigation team for an obligation free chat about your circumstances.