Early Release of Superannuation for Permanent Incapacity Claims

  • Overview and Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Early Release of Superannuation for Permanent Incapacity Claims

In the event that someone finds themselves in the unfortunate position of being permanently incapacitated due to a disability, regardless of whether it is or is not related to the workplace, they may apply for an early release of superannuation. This application involves understanding the regulations of your superannuation’s funds and any related legalities. This process can also encompass a range of technical requirements, whilst also demanding a certain amount of sensitivity and urgency.

Brydens Lawyers is prepared to assist with this process with our team of knowledgeable lawyers who can provide you with a number of tasks relating to your Total and Permanent Disability (TPD) or Permanent Incapacity claims–our lawyers can offer expert guidance, help with the collection of necessary documentation, craft a compelling case and submit your application quickly and efficiently to ensure your matters are handled in the most timely and streamlined manner possible. If required, Brydens will also advocate on your behalf and liaise with your superannuation fun to expedite the review process and make necessary adjustments to your application. Our goal is to minimise your stress while maximising the likelihood of a successful outcome so you can focus on your health without the added financial burden of this challenging time.

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What You Need To Know

When Do You Need An Early Access TPD Lawyer?

If you are considering an early release of your superannuation fund or request of access on compassionate grounds due to a total and permanent disability, engaging with a specialised TPD lawyer is the first step you should take. An experienced lawyer, such as those at Brydens Lawyers, will help you navigate the eligibility criteria, ensure all procedural requirements are met and help your secure your TPD insurance benefits if applicable. A TPD lawyer posseses invaluable expertise and can guide you on how to best and most effectively handle your claim, particularly if you are facing the challenge of multiple TPD claims or if your initial TPD insurance claim s denied.


When Can You Receive Your Super Early?

You may be eligible to access your superannuation early under specific circumstances, particularly when facing health challenges that impact your ability to work. The key requirements and conditions of receiving your super early due to permanent incapacity claims are as follows:

  • Permanent Disability: You can access your super early if you are suffering from a permanent disability. To qualify, you must provide evidence of an assessment from a medical professional that your condition permanently prevents you from returning to your previous employment or any other work suited to your education, training, or experience.

  • Compassionate Grounds: Superannuation can be accessed early on compassionate grounds to cover costs like critical medical treatment, palliative care, or making mortgage payments to prevent home foreclosure. Each of these situations has specific eligibility criteria and requires substantial documentation.

  • Terminal Medical Condition: If you have a terminal medical condition and a life expectancy of less than 24 months as certified by two medical practitioners (one of whom is a specialist), you may apply to withdraw your superannuation balance.

  • Temporary Incapacity: If you are temporarily unable to work due to physical or mental medical conditions, you may be able to access superannuation payments as a regular income stream to support you during your period of incapacity.

Each of these circumstances has detailed requirements and often involves complex documentation and evidence. Consulting with a financial advisor or legal professional can help ensure that the process is handled correctly and that all necessary criteria are met so that you may successfully access your super early. Your superannuation fund is required to process your TPD claim and may disburse a lump sum, which you can use to alleviate financial pressures during this challenging time.

If you believe that you are entitled to early access of your superannuation fund, get in touch with Brydens Lawyers and discuss your TPD claim now.


What Will Brydens Lawyers Assist You With?

Brydens Lawyers will assist you every step of the way, from initial consultation to the final resolution of your claim. Our services include, but are not limited to:

  • Assessment of your TPD insurance cover and the terms of your superannuation fund.

  • Helping you meet the specific TPD benefit criteria set by your super fund.

  • Liaising with your superannuation fund or the Australian Tax Office (ATO).

  • Arranging documentation, organising the collection of evidence and providing representation if disputes arise over your TPD insurance benefit.


What Are Compassionate Grounds?

Compassionate grounds for early release of superannuation typically involve situations where the claimant faces significant medical challenges or severe financial hardship. This includes high and medical expenses that cannot be covered by personal savings or insurance, essential treatments for life-threatening illnesses, and life-saving or necessary and dependant medical transport. Accessing super on compassionate grounds requires thorough documentation and a compelling demonstration of need, which Brydens Lawyers will facilitate on behalf of any permanent disability claims you may have.


Why Are Brydens Lawyers The Best Superannuation And TPD Lawyers For You?

With extensive experience in managing and securing successful TPD claims, Brydens Lawyers are experts in all areas of superannuation and permanent incapacity law. Our client-focused approach allows us to understand the requirements of your need and provide personalised legal advice. Whether you require the release of superannuation on compassionate grounds to handle an unpaid expense relating to your medical fees, or advocation due to a TPD insurance claim rejection, our team is prepared to provide the guidance you require. In order to achieve the best possible outcome for your case, Brydens will ensure that each step of the process is as clear and transparent as possible, so you can be confident that we will achieve the best possible outcome for your case.


Testimonials

Unbelievable, I’m very happy with my TPD result. Honestly Lee and the team at Brydens Lawyers treat you like family. All my family and friends have had miracle results with Brydens.

Fred from Sydney

I have been a long-term client of Ashli’s- she has been great to deal with and has helped brighten my future with an excellent outcome.

A client of our Superannuation and TPD division

Meet the team that specialise in

TPD and Superannuation

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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Ashli Joudo
Ashli Joudo

Senior Associate - Practice Group Manager

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Isabel Sarcia
Isabel Sarcia

Senior Lawyer

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Jonny Aghayan
Jonny Aghayan

Lawyer

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Jose (Joshua) Avedillo
Jose (Joshua) Avedillo

Lawyer

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Abigail Hamilton
Abigail Hamilton

Lawyer

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Xiangan (Natalie) Nie
Xiangan (Natalie) Nie

Lawyer

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