Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

TPD/ IP CLAIM

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
I'm sorry View Drop Down
Groupie
Groupie
Avatar

Joined: 12/August/2009
Location: Australia
Posts: 86
  Quote I'm sorry Quote  Post ReplyReply Direct Link To This Post Topic: TPD/ IP CLAIM
    Posted: 16/June/2015 at 23:43
Hi, I need some advice regarding my husband claiming against his Superannuation Claim.
In short: He worked at a government primary school as a maintenance and grounds keeper for approx 4 years. He has since developed many physical ailments including Early Onset Alzheimer's. I have been his Power of Attorney for approx 12 months and we are trying to claim his insurance benefit. We have been advised by AMP via Vic Super that although he has met all requirements there is one that we cannot prove and so are denying his claim. You see, towards the end of his employment he was not able to work the 10 hours minimum for his policy and though he DID ACTUALLY work as volunteer a few extra hours per week, as the school has no official documentation of his volunteered hours they are refusing to confirm this with AMP, eve though AMP has stated that they will accept those unpaid hours however require at least a stat dec from the school which the school will not do. Therefore they are saying that he is therefore ineligible to claim at all. This has been going on for over 12 months and even though initially (at the very beginning of this claim) they stated that he was "eligible" to begin the claims process they have now come back at the very end and said it has all been for nothing. All their doctor's appointments and reports and all the costs to us to prove his health situation to them they sent a letter stating that they made a mistake way back in the beginning. Do we have any recourse in this matter - any and all advice would be really appreciated.

Edited by I'm sorry - 16/June/2015 at 23:52

Christianrenel View Drop Down
Newbie
Newbie


Joined: 09/January/2015
Location: Australia
Posts: 18
  Quote Christianrenel Quote  Post ReplyReply Direct Link To This Post Posted: 18/June/2015 at 12:10
Hi I'm sorry Groupie,

I recommend getting a second opinion and talk to a lawyer who specialises in these sort of claims.

From my experience, getting a third party involved is your best option, they know more about the law and can help you achieve your outcome you are looking for. I have helped clients same situation.

Some law firms may take this case as no win no fee basis.

I am a Partner in a Financial Planning Business, and have helped clients in same position get the outcome they are lookng for.

Kind Regards

christian Reneel

christianrenel@pricefinancial.com.u

jaazzz View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 19/September/2009
Location: Australia
Posts: 6387
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 18/June/2015 at 17:25

Have you been in touch with the    Financial Ombudsman Service   about this matter?

Other options are your federal & or state members of parliament


Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

I'm sorry View Drop Down
Groupie
Groupie
Avatar

Joined: 12/August/2009
Location: Australia
Posts: 86
  Quote I'm sorry Quote  Post ReplyReply Direct Link To This Post Posted: 18/June/2015 at 23:35
Thank you. We have had Shine Lawyers working on it for nearly 18 months and it seems as though they are at a loss also.
I've also wondered as I cannot return to work whether I could claim on my insurance perhaps or just withdraw. It seems silly to keep paying all the fees when I can no longer pay into it. We are both 46 and I don't know if my age is a "complete" deciding factor? I've found that the moment I rang them to ask questions there was suddenly a total change toward me in the sense that I started receiving mail from them about my balances etc,.... which I have never received before - I still never got any straight answers from them, even after they had transferred me to numerous people in different departments.

nose View Drop Down
Newbie
Newbie


Joined: 27/November/2015
Location: Australia
Posts: 28
  Quote nose Quote  Post ReplyReply Direct Link To This Post Posted: 05/September/2016 at 00:07
If your husband worked as an official volunteer at the school, they need to have had him as a registered volunteer in their books with sign etc to cover his insurance whilst on site. I would be demanding the school release those documents to you certified that they are copies of the originals and submit that to the insurer. Have you read the policy document to see how they will and won't pay on a claim ?
I would also imagine that by law the department has to provide your husband with records of hours worked, paid and unpaid. all the best

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.