Frequently Asked Questions
Claiming and Entitlements
Super claims can be complicated.
Every claim is unique and the complexity will vary from person to person, depending on your policy.
There are many different policy terms and conditions. Your Fund may not tell you this upfront. At Shine, our experts know how Super Fund policies' terms and conditions will apply to your individual situation.
Our legal teams have extensive experience running claims just like yours. We will get to know you and tailor the best approach for your individual circumstances to give your claim the best chance of success.
It is common to have more than one Super Fund.
If you are unsure about the details of your Super Funds, you are able to access this information through the Australian Taxation Office (ATO). Click here to go to the ATO or login to your MyGov account.
Once you know which Super Funds you hold policies with, Shine offers a complimentary, obligation-free Super Check service where we will find out whether you have any Insurance Benefits within your Super Fund. Contact us today, call 1800 860 480 or email [email protected].
To represent you, we are required by law to:
- Give you information about our legal services and your rights;
- Enter a formal agreement with you regarding our services.
Documents involved in Appointing Shine Lawyers to act for you include:
- Our Disclosure Notice – this document informs you about your rights regarding legal costs
- Our Engagement Details – this document informs you about our costs and the scope of our work
- Our Engagement Terms – this document outlines the terms on which we will act for you, including cost protection, your obligations, cooling off period, privacy, confidentiality and termination.
For us to be able to represent you, you must understand and agree to these three documents. Please contact us on 1800 860 480 should you have any questions regarding these documents.
When your claim is successfully resolved there are some costs that need to be taken out of your Benefit to pay for items such as:
- Legal fees,
- Disbursements (the costs for things like medical reports).
As we operate on a No Win, No Fee agreement for your Superannuation and Disability Insurance Claim, deductions are only taken from your settlement when your Claim is successfully resolved. If your Claim is unsuccessful, there are no fees charged to you.
Please refer back to Our Engagement Details or contact us on 1800 860 480 should you have any questions regarding any deductions.
Tax on any Benefit you receive depends on your individual situation. It's best to seek financial advice about your particular circumstances.
It is important that you obtain the right financial advice in relation to your Benefit to ensure that the proceeds of your claim are managed to your best advantage. You should seek advice from a financial planner or other suitably qualified financial advisor for advice about your particular circumstances.
It is also important to ensure you have an up to date Will at this time. Shine can assist you with arranging suitable financial advice as well as creating or updating your Will if you require assistance. Please contact us on 1800 860 480 to discuss how we can help.
Shine's legal experts will provide you with appropriate advice to make sure you’re informed of any implications to other claims. This will help you make choices that best suit your circumstances.
Impacts on any other claim depends on what type of Super Claim you are making and the terms of your policy.
For example, if you are making a Total & Permanent Disability (TPD) claim this will generally not impact a Workers’ Compensation claim.
However, if you received Workers' Compensation payments, this could have an impact on your Income Protection Benefits.
It is important that you speak to us about your individual situation and provide us with all of the details so we can ensure that you are receiving maximum Benefits available to you. Contact us on 1800 860 480 or email [email protected].
Depending on your specific circumstances, we may need to gather evidence to show that you are unable to resume your previous work, or any other work in your area of education and training, as a result of your injury or illness. This usually includes copies of your medical and employment records as well reports from your treating medical specialists. We may also need an Independent Medical Specialist to assess your situation.
In order to be successful in a Total & Permanent Disability (TPD) claim, we need evidence to show that you meet the TPD policy definition. The evidence required may be different from policy to policy.
Yes, claims are able to be made against your Superannuation Insurance Policies for psychological injuries.
We will need to understand your particular situation, so please reach out to Shine Lawyers' experienced and compassionate team if you would like more information. Contact us on 1800 860 480 or email [email protected] for a confidential discussion.
To have a successful claim we need to prove that you meet the TPD definition in your policy. Usually, this includes being unable to return to your previous work or anything else you are educated or trained to do for work. To prove this, we will often obtain medical evidence and provide legal submissions to the Super Fund, amongst other things.
To help you make choices that best suit your circumstances, Shine's legal experts will provide you with appropriate advice to make sure you’re informed of any implications to your claims or benefits from prior compensation.
Impacts from any other claim depends on what type of Super Claim you are making and the terms of your policy.
For example, if you are making a Total & Permanent Disability (TPD) claim this will generally not be impacted by a Workers’ Compensation Claim.
However, if you received Workers' Compensation and Centrelink payments, this could have an impact on your Income Protection Benefit.
Our legal teams have extensive experience running claims just like yours. It is important that you speak to us about your individual situation and provide us with all the details so we can ensure that you are receiving maximum Benefits available to you. Contact us on 1800 860 480 or email [email protected].
It is important that we understand your skills, education and training for the purposes of completing the forms required to lodge your Superannuation Insurance Claim.
For a Total & Permanent Disability (TPD) claim you need to prove that because of your illness or injury, you are unable to return to work within your education, training and experience. We need to know your full training and employment history, since high school, to ensure we are able to get you the maximum Benefit available to you.
Yes, through our easy to use online claim process you can make more than one claim. If you have more than one Super Fund with insurance available you can make claims on all of them. At Shine we are experts in Super Fund policies and will help you reach the best outcome for your particular situation. Click here to start a claim.
Before we are able to represent you we need to ensure that we have confirmation that the ID that we hold on file is in fact you. Without certified ID we are unable to speak to your Super Fund to start your Claim process.
Click here to find out what types of ID we need to collect from you and how to get this certified.
We are required by law to collect and hold on file certified ID. To verify your identity, we need two pieces of ID from you. Both, must have your full name, and one must be an Australian Government issued ID. For example, a Driver’s Licence and a Medicare Card are acceptable.
Click here to see which documents are appropriate and how to get your documents certified.
The Claims Process
The Super Check process is our free investigative service to find out what Benefits you may be entitled to. If you have Entitlements to these Benefits, we will then undertake a free assessment to determine your chances of success. To provide this information online click here or call our legal team on 1800 860 480 to discuss.
After it is confirmed that you have an Entitlement to Benefits, we will move onto the Claim Lodgement step in your Superannuation Claim. This occurs when a Claim Form and supportive medical evidence is lodged with your Super Fund.
To give your Claim the best chance of success we only lodge your claim when we have collected all the supportive evidence that is required.
When you enquire with us, we will ask you a range of questions to provide us with information relating to your illness or injury. This information will be first used to see if you are eligible to make a Claim, and then will be used throughout your Claim to complete documentation that we are required to submit to the Super Fund.
Once we have received your signed Engagement Documents and are appointed as your legal team, we will tailor the right action plan for your Claim.
This consists of gathering evidence to support your Claim, including evidence from your treating doctors and former employers. It usually also includes seeking Independent Medical Evidence from specialists and employability experts.
We review all of the medical evidence in detail to ensure your Claim has the best possible chance of success. Once we are satisfied with the evidence, we will lodge your Claim with the Super Fund and deal with them on your behalf until we get a decision.
For more information after lodgement of your claim click here.
Once we lodge the claim, the Super Fund will then undertake their internal process. This generally consists of:
- Lodging the claim with the Insurer (often done within a month).
- Insurer completing preliminary assessment (often done within 30 - 45 days).
- Insurer advising if further information is required to complete their assessment. They will then gather this information which may include a medical assessment by a doctor of their choice.
Under the voluntary Code of Practice for Insurers, the Funds have up to 6 months to make a decision, however this can be longer or shorter depending on the complexity of the Claim.
At Shine, our priority is to get you an outcome as soon as possible.
Sometimes, for a variety of reasons, Funds decline claims. A list of why will be supplied. If this happens, we will review the reasons provided and discuss your options with you.
We will do everything we can to ensure your claim has the best chance of success including the potential of exploring an Appeal.
If you have had your Claim declined by a Super Fund, Shine may be able to appeal the decision on your behalf. We will review the evidence leading to the Fund's decision and tailor the best action plan for you. Every situation is unique, so please contact Shine to discuss the best approach for you. Call 1800 860 480 or email [email protected].
There are generally no time limits to make a Super Claim, however, policies can vary and the sooner you investigate your Benefits the better.
If you make a Claim and it is declined, there are strict time limits that apply in regards to Appealing this decision. Usually, if you make a Claim that is declined there is a 6 year time limit to start court proceedings although this can vary from state to state. This time limit generally starts when a Fund or Insurer first makes a decision about your claim, but this is not always the case.
Medical evidence from your treating doctors is important to the success of your Claim. Once we have assessed your individual circumstances, we will discuss with you the evidence that will be required to ensure you have the best chance of success in your Claim. Usually we obtain that evidence on your behalf
An Independent Medical Examination is an assessment by a medical specialist, who is not your usual treating doctor or specialist, for the purpose of gaining a better understanding of your injury or illness and whether you meet your policy definition. The Specialist will be provided with your medical history, ask you questions, undertake an examination and write a report based on their findings.
We understand that you may find medical assessments confronting. It may help to bring a support person with you; you can ask if this is possible. Shine will assist with arranging your appointments and travel to see the Medical Specialists so that you don't need to worry about arranging these.
The vast majority of our cases are resolved well before the need for court arises. Historically, less than 5% of the Claims we run progress to the court stage.
We aim to resolve your Claim as soon as possible for you, to avoid the costs and time associated with the court process.
To obtain the best result for you from your Super Fund we will discuss your options and provide you with our expert advice.
There are two stages of acceptance in a Total & Permanent Disability Claim:
- The Super Fund's Insurer makes a decision about payment of the Claim. If it agrees to pay the Claim, it will pay the Benefit into your Super Fund account after the Super Fund has reviewed the decision.
- The Super Fund will review the Claim and make its own separate decision as to whether to release the Benefit to you, in accordance with relevant legislation. The second review usually occurs within 6 - 8 weeks of the Insurer's decision.
In our experience, it is almost unheard of for the Super Fund to refuse to release the Benefits to you.
A payment form is required to be completed by you to direct the Super Fund how to make payment of the Benefit. We send this to you early to ensure you can be paid as quickly as possible.
If the Super Fund or Insurer is going to deny your Claim, before your Claim is formally denied, they will send a letter outlining why they wish to decline your claim. This is called procedural fairness. It is an opportunity for us to review the evidence the Super Fund has used to make its decision and determine the best next steps for a successful outcome of your Claim.
While every claim is different, generally TPD claims take 6 - 12 months to be assessed by a Super Fund. Depending on the complexity of each individual claim, some may be assessed sooner and some may take longer.
Most claims lodged with the help of Shine's expert Superannuation & Disability team are accepted within the 6 - 12 month timeframe. At Shine, our priority is to get you an outcome as soon as possible. Please contact us if you have any questions in relation to your specific circumstances. Call 1800 860 480 or email [email protected].
Signing Documents Online
No, you don’t need to have a DocuSign account. You may choose to open an account but that is completely up to you. You will be emailed a copy of your signed documents if you don’t have a DocuSign account.
For more information about DocuSign, click here.
We want to assure you that signing your documents online, using DocuSign, is safe and secure. Signing your documents online saves time and allows us to start working on your Claim sooner.
If you need assistance or would prefer to not sign online, please email [email protected] and we can help.
Once you have signed your documents via DocuSign, you will receive the option to nominate a Witness.
Here you can type the name and email address of your Witness or new Signer, and even leave them a message. Your nominated Witness or new Signer will then receive an email with a link to the document to Witness.
For security reasons it is important that you do not forward your DocuSign emails; please utilise the Nominate a Witness feature that will be provided.
You should receive an email requesting you to view and sign a document. If you click the link to your documents, you should arrive at the screen where you can sign.
Once you agree to sign the document online, the [Start] button should guide you to where your signature and other input is required. Please ensure that you review all documents before you sign them. We have already populated the detail in most of your forms for you, so it’s very important that you check that everything is correct and complete.
Once you have finished signing and filling in any other areas, please click the [Finish] button.
If the form requires another Signer, like a Witness, then you will receive a second email asking for a witness signature.
Your completed form will go to your legal team. You will also receive an email with a copy of the completed form, and if applicable, your Witness(es) or any other Signers will receive the document too.
Shine will send out documents to you to sign online via DocuSign. We will tell you when a document needs to be read and signed by sending you an email or SMS and adding a Client Note to you in Client Portal.
You will also receive an email with a link to the document to read and sign. For security reasons please do not forward this email to anyone else.
We ask that you keep us updated of any changes in your life that may relate to your Claim. The best way for you to update details of your Claim (for example: injury updates, work changes, etc.) is to email us at [email protected].
At Shine we care about how you feel throughout the Claim process. The Client Portal has a [Feedback] tab where you can leave us an update on how you are feeling about the process and any comments for us. We’d love to hear if there’s anything we can do to make things easier for you.
We understand you want to keep track of what’s happening with your Claim so we will send you emails or SMS when we progress your claim. The claims process milestones are also displayed in real time on your Client Portal and can be checked at any time.
Client Portal is your personal online Claim information hub. You can track your Claim so you always know what the next steps are and keep up to date with your Claim in your own time.
In the Client Portal you can:
- View your Claim info and status via Claim Tracker
- Update your details
- View Notes from us
- Upload documents and expense receipts
- Access FAQs
- Give us your feedback.
Log into Client Portal here.
In order to progress your Claim some Expenses may need to be paid such as Independent Medical Examinations. We have an arrangement with an external disbursement funding provider to fund these expenses that are incurred by us on your behalf. You may elect:
- to fund your Legal Expenses yourself ; or
- to apply to use our disbursement funding provider to fund your legal expenses incurred in your matter. Additional information on the disbursement funding provider is available here.
At Shine, we want to help you access the benefits you are entitled to. We understand that making an insurance claim can be stressful and will do everything we can to make this process as smooth as possible for you.
Last financial year we assisted 479 clients obtain a total of $94.6 million in Benefits from their Superannuation Funds.
Our expert Legal team have a proven record in delivering results for our clients. Please contact us if you have any questions on how Shine Lawyers can help. Call 1800 860 480 or email [email protected].
We will let you know when your Claim progresses through each stage in the claims process.
If you have chosen to run your Claim online, for real-time updates about your Claim, you can log into your Client Portal at any time. Depending on your communication preference, we will also be providing you with regular updates through SMS and email.
If you have chosen to interact directly with our Claims Managers, you will receive communications via your preferred method, be that email, SMS or letters in the mail. Your Claims Managers at Shine may also need to call you to progress your Claim.
You can choose how you wish to interact with us and run your Claim.
If you would like to work with us using traditional contact methods you will have a dedicated Claims Manager looking after all aspects of the Claim, and will have direct access to them by phone and/or email during the course of your claim.
If you choose to run your Claim online you are able to manage more of the claims process yourself, having all communications and updates delivered electronically. This allows you to keep legal costs down, whilst still having the benefit of our experienced legal team overseeing the claim process.
We are able to offer you a fixed fee arrangement so that you know with absolute certainty what legal fees we will charge you when your Claim is successful.
Legal fees are decided by the experienced solicitors and are based on the complexity of your Claim. If you choose to run your Claim online, having all communications and updates delivered electronically assists in keeping legal costs down.
You will be aware of your fixed legal fee upfront. Remember that we also operate on a No win, No Fee basis so you will only pay legal fees when your Claim is successful. Please contact us if you have any questions about Fees. Call 1800 860 480 or email [email protected].