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QLD Is Age a Big Factor on My TPD Insurance Claim?

Discussion in 'Superannuation Law Forum' started by Huzey, 15 October 2015.

  1. Huzey

    Huzey Member

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    Hi. I have submitted a TPD insurance claim through my superannuation. I have been diagnosed with PTSD after workplace bullying and harassment by a school principal (I'm a teacher). I have also been on Income Protection on and off for 5 years now as I keep relapsing when I return to work.

    My psychiatrist said that I will never return to work and the Independent Medical Examiner also agreed. The Super Fund has all of my medical history from the previous relapses plus my psychiatrist and the independent psychiatrist's report. My superannuation said that there may be an issue with my claim due to my age being 33 therefore I'm young to not work ever again. Yet in the legislation, age isn't mentioned plus both psychiatrists report I will not be able to return to work.

    The claim hasn't been denied but this has now worried me. I am supposed to hear back in a couple of days on whether it has been declined or approved.

    Is my age a big factor????
     
  2. Rod

    Rod Well-Known Member

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    Wait a few days, then post again. No point worrying about things now, what is done is done.

    Focus on trying to get your life back together as much as possible. 33 is young and with patience and treatment who knows what can happen. A payout should be the least of your concerns.
     
  3. JS79

    JS79 Well-Known Member

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    Your age should not be a big factor. If you have had an independent medical adviser tell the superannuation company that you are unable to work again due to the post traumatic stress - you should receive your claim.

    If they do refuse to give you your claim on the basis of your age - then you would look at appealing the decision and that is where you will need the services of an experienced superannuation lawyer to let you know how to get the claim the doctor believes you are entitled to.

    Good luck
     
    Huzey likes this.
  4. Huzey

    Huzey Member

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    Thank you. When I was told that my age was a factor it really surprised me. I will definitely go to a superannuation lawyer if it is declined. I thought I would do it independently since they have all the history of my relapses and medical reports.

    As I was a teacher, when the state ' that your unlikely to ever work again in any job for which you are reasonably qualified (by education, training or experience)', if I have only ever worked as a teacher and the only education I have obtained is my degree and on the job experience, do they look at other occupations such as a clerical administration etc as it is part of my job description? Can they decide I can work in that field if I have the skill set?

    I apologise for the questions. I haven't spoken to anyone about this and just need a clearer understanding of what that part of their legislation means.

    Thanks;)
     
  5. Lawyering mum

    Lawyering mum Well-Known Member

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    Definitely go and see a super lawyer if it is denied...the policy and the wording of what TPD is are very big factors for determining the outcome of claims. Age, training, education and experience are all relevant when considering a TPD payout, but some policy's are for "own occupation" and others are broader. Without knowing what your specific policy says can't give information, but unfortunately your age is a factor that needs to be considered
     

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