Help CentrePermanent Incapacity Claims: How to Access Your Superannuation
A Permanent Incapacity claim allows you to access your superannuation early if you are permanently unable to work due to an injury or illness. If your condition prevents you from performing any work you are qualified for, you may be eligible to withdraw your super.
At Claimsplus Lawyers, we help individuals understand their options and navigate superannuation insurance claims, ensuring they receive the financial support they are entitled to.
What is a Permanent Incapacity Claim?
A Permanent Incapacity claim is a condition of release that allows you to access your superannuation early if you are permanently unfit for work.
🔹 Different from TPD – Unlike Total and Permanent Disability (TPD) insurance, this does not require an insurance policy within your super fund—only that you meet the eligibility criteria.
Eligibility Criteria
✔️ You must be permanently unable to work in any job suited to your skills, experience, or education
✔️ Two independent medical practitioners must certify that you are unlikely to return to work
✔️ Your super fund must approve your claim
💡 Each superannuation fund has different policies—check your fund’s guidelines before proceeding.
Common Conditions That May Qualify
Many illnesses and injuries may meet the criteria for Permanent Incapacity, including:
🔹 Neurological Disorders – Stroke, Multiple Sclerosis, Motor Neurone Disease (MND)
🔹 Musculoskeletal Conditions – Severe arthritis, spinal injuries, chronic pain disorders
🔹 Mental Health Disorders – PTSD, severe depression, bipolar disorder
🔹 Chronic Illnesses – Parkinson’s disease, Chronic Fatigue Syndrome, organ failure
🔹 Serious Injuries – Workplace injuries, traumatic brain injuries, amputations
If your condition permanently affects your ability to work, you may be eligible to claim.
How to Make a Permanent Incapacity Claim
Step 1: Confirm Your Super Fund’s Requirements
🔹 Check your superannuation statements for details on early release options
🔹 Contact your super fund and request their Permanent Incapacity claim form
Each super fund has different definitions and evidence requirements, so it’s important to check first.
Step 2: Gather Required Medical Evidence
To support your claim, you’ll need:
✔️ Two medical reports from registered doctors confirming your condition is permanent
✔️ Specialist reports & test results related to your condition
✔️ Work history & employer statements showing your inability to work
💡 Tip: Make sure your doctor’s report clearly states that your condition is permanent and prevents you from working.
Step 3: Submit Your Claim
Once your medical reports are ready, complete and submit your Permanent Incapacity claim form with:
📄 Medical certificates from two independent doctors
📄 Proof of identity (driver’s license, passport, Medicare card)
📄 Employment history & supporting documents
Step 4: Super Fund Assessment & Review
Your super fund will:
🔍 Review your claim – Checking all submitted documents
🔍 Request further medical information – If additional details are needed
🔍 Arrange an independent medical exam (IME) – In some cases, your fund may require an assessment with an independent doctor
⏳ Processing times vary, but most claims take between 6–12 weeks to be assessed.
Step 5: Claim Outcome
✔ Approved – Your super will be released as a lump sum or regular payments
❌ Declined – You may appeal the decision or seek legal advice
📞 If your claim is denied, you can dispute the decision through the Australian Financial Complaints Authority (AFCA) or seek legal assistance.
Frequently Asked Questions
1. Can I access my super if I’m still working part-time?
No—Permanent Incapacity requires that you are unable to perform any suitable work based on your skills and experience.
2. How long does it take to receive my super after approval?
Once approved, funds are typically released within 2–4 weeks, but this depends on your super fund’s processing times.
3. Can I claim Permanent Incapacity and TPD at the same time?
Yes—if you have TPD insurance in your super, you may be eligible for both a TPD payout and Permanent Incapacity super release.
Where to Get Help
If you need further assistance, consider these resources:
🔹 Your Superannuation Fund – Contact them directly for eligibility and claim requirements
🔹 AFCA (Australian Financial Complaints Authority) – For disputes with your super fund (afca.org.au)
🔹 Financial Counselling Australia – Free advice on superannuation claims (ndh.org.au)
Contact Claimsplus Lawyers Today
At Claimsplus Lawyers, we are committed to providing a secure, confidential, and transparent legal service. Whether you're making a TPD claim, Income Protection claim, or accessing your superannuation benefits, we ensure your personal data is always protected.
📞 Phone: 1800 252 460
📧 Email: claims@claimsplus.com.au
🌐 Website: https://claimsplus.com.au
Let us help you navigate your super claims and secure the financial support you deserve.
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