Kate (not her real name) was referred to Berrill & Watson by a disability advocacy organisation after being diagnosed with Multiple Sclerosis in 2012. She had not worked since 2013, and over the years the condition had taken a significant toll not only physically, but on her memory as well.
When Kate came to us, she knew she had two superannuation accounts but couldn't remember her member numbers. Years had passed, employers had changed, and her MS had made it genuinely difficult to piece together the details of her working life. She simply wanted to know whether she held any insurance cover across those accounts, and if so, whether we could help her make a claim.
What followed is a good example of why it's always worth asking - even years later. This is exactly the kind of situation Berrill & Watson specialises in.
Our first step: a lost super search
Because Kate could only provide the fund names not member numbers or other account details we recommended she sign a lost super form through the ATO. This is a step we take with many clients in similar circumstances.
The lost super process does two important things. It confirms the details of any accounts the client is already aware of, and it can also reveal whether they hold additional accounts they have forgotten about entirely. Given the time that had passed and the impact of Kate's MS on her memory, this seemed like the most thorough and sensible approach.
The search confirmed Kate's two known accounts, but it also revealed several more she had no recollection of.
Investigating the accounts and benefit entitlements
With a fuller picture of Kate's superannuation history, we wrote to each of the funds requesting information about the accounts and, critically, the insurance cover that was in place around the time she last worked in 2013.
This is an important point that many people don't realise: eligibility for a TPD or income protection claim is assessed based on the insurance cover in place at the time you stopped work due to your illness or injury, not the date you lodge your claim. Kate had stopped work over a decade ago, but that did not prevent her from making claims, provided she held cover at the relevant time.
Not every account we identified ultimately had cover. The process involved months of correspondence with the funds following up, seeking clarifications, and carefully reviewing each policy. Through that work, we were able to confirm that five of Kate's accounts held a benefit entitlement.
The outcome: five accepted claims totalling over $880,000
We lodged claims across all five accounts and had every one of them accepted:
- TPD claim 1: $182,000
- TPD claim 2: $116,000
- TPD claim 3: $156,000
- TPD claim 4: $314,000
- Income protection claim: $4,554.30 per month, paid over two years
That is a combined outcome of over $880,000 - an outcome Kate had no idea was possible when she first came to us.
What this case illustrates
Kate's case is a good example of several things we see regularly at Berrill & Watson.
Many people don't know what cover they hold
Superannuation accounts accumulate over a working life, and it is common for people to lose track of them particularly after a serious illness. The insurance attached to those accounts does not simply disappear.
A lost super search is often the right starting point
When a client cannot provide full account details, we don't stop there. The ATO's lost super process is a straightforward and effective way to build a complete picture of what someone may be entitled to.
Not every account has cover but you won't know until you look
Of the accounts identified for Kate, five had a benefit entitlement. Without a thorough search and careful investigation of each fund, several of those claims would never have been made.
Persistence matters
Getting information out of super funds takes time. Months of back-and-forth correspondence is not unusual. Our team stays on top of every request, every delay, and every follow-up until we have the answers our clients need.
The referral relationship works
Kate came to us through a disability advocacy organisation, whose trust in our work means people who genuinely need help are able to find it. We value those referral relationships and work hard to justify them.
Could you be in a similar position with superannuation insurance cover you don't know about?
If you stopped working years ago due to illness or injury and have lost track of your superannuation, you may have insurance entitlements you don't know about. It is never too late to find out.
Berrill & Watson offers free initial advice Australia-wide, and we run all claims on a no-win, no-fee basis. It costs nothing to ask.
Contacting Berrill & Watson
📞 Melbourne: 03 9448 8048
📞 Brisbane: 07 3013 4300
📞 Anywhere else in Australia: 03 9448 8048
How we charge
We are Australia's best-value superannuation/insurance law firm. Other law firms charge nearly double (& sometimes more than double) what we charge. So, if you get a quote from them, or have a cost agreement, ask us what we will charge you.