At Superlaw Claims, our team has a deep understanding of both the medical issues involved in Multiple Sclerosis and the laws affecting your rights and entitlements. Our team has helped thousands of people across Australia living with MS understand what they may be entitled to and guide them through the claims process.
An MS diagnosis can be slow, given years after people report having felt unwell. As soon as you get that diagnosis, even if you’re hoping to keep working for a while, we can give free advice to help you understand what you could claim.
Here are some of the common types of benefits available:
Income Protection Claims for Multiple Sclerosis
Income protection insurance may be held through your superannuation or outside of it. Many people don’t even realise they have this cover until they speak with us.
Income protection insurance generally replaces a significant portion of your income if illness prevents you from working. Payments usually begin after a waiting period, often 30, 60 or 90 days, and continue for a set period depending on your policy.
Unlike a TPD claim, income protection doesn’t require you to prove you’ll never work again. It simply recognises that, because of your illness, you’re currently unable to earn your normal income.
For many people living with MS, income protection can provide important financial support while they undergo treatment, manage relapses or adjust to changes in their condition. It is usually lots more money than relying solely on Centrelink benefits.
Many of our clients are relieved to discover they already have this cover through their superannuation.
Does MS Qualify for a TPD Claim?
Yes. MS qualifies for a TPD claim if it has reached the point where it has stopped you working and it’s unlikely you’ll be able to return to work.
Every policy is different, and the wording of your insurance can make a significant difference. We can review your cover and explain whether you’re likely to have a claim.
Does the severity of my MS affect my claim?
Usually not.
Some people with relatively mild physical symptoms can still find themselves unable to continue working because of fatigue, cognitive difficulties or problems with balance, coordination or vision. Others may continue working for many years despite more advanced disease. The type of work can be important to how long you can last. For example, most people with MS have big problems with heat. Working outdoors in high temperatures is simply unacceptable
The key question is: how has your MS affected your ability to work?
What if my MS symptoms come and go?
Many people worry that because their symptoms fluctuate, they won’t qualify for a TPD claim.
MS often follows an unpredictable course, with periods where symptoms improve followed by relapses and gradual progression. Even between relapses, ongoing fatigue, pain, cognitive changes, or other symptoms usually make sustained employment impossible.
The focus isn’t whether you have good days and bad days. It’s whether your overall ability to work is likely to have been permanently affected.
Can fatigue and cognitive problems be enough to support a claim?
Yes.
For many people living with MS, fatigue, memory problems, reduced concentration and slower thinking can be just as disabling as physical symptoms.
These issues can have a significant impact on your ability to perform your job safely, consistently and reliably. We’ve won claims for clients whose claims are based on the combined effect of both physical and cognitive symptoms.
How Does the TPD Claims Process Work?
Every claim begins with understanding your medical condition, work history and how MS has affected your ability to do your job.
While you focus on managing your health, we’ll deal directly with the insurer and your super fund, prepare your claim and work to achieve the best possible outcome as quickly as we can.
Our team has extensive experience helping Australians with neurological conditions such as MS successfully navigate the claims process.
A Real Client Story
Here’s an example of how we helped one client living with multiple sclerosis access the financial support they were entitled to.
Sarah contacted us after relapsing-remitting multiple sclerosis had progressed to the point where she could no longer continue working in hospitality. Although many people could not see the impact of her illness, Sarah was living with severe fatigue, mobility difficulties, cognitive changes, vision problems, impaired speech and the loss of fine motor control in both hands.
Despite extensive speech therapy, her speech showed very little improvement, and everyday tasks such as writing became increasingly difficult. Like many people living with MS, Sarah had spent years trying to push through her symptoms before reaching out for help.
We reviewed Sarah’s insurance entitlements, took the time to understand how her condition affected her ability to work, and managed every aspect of the claim on her behalf, including all dealings with the insurer.
We prepared and lodged her Total and Permanent Disability (TPD) claim and quickly secured a payout of $220,000 in just three months. The financial security this provided meant Sarah could focus on her health and wellbeing, rather than the stress of navigating the claims process.
FAQs
Yes.
You don't have to wait until every treatment option has been exhausted before making a claim. If the available medical evidence indicates your ability to work is unlikely to recover, you may still qualify.
Every situation is different, and we'll explain how your circumstances fit with your insurance policy.
No.
It is vital that as soon as you know your diagnosis, you find out where you stand. We have acted for people with MS who have pushed on at work and progressively reduced their hours over several years.
Some insurance policies penalise people for pushing on by requiring a minimum number of hours per week over the last 12 months. Knowing about these policy traps as early as possible is essential. We provide that guidance for free.
Not necessarily.
Whether you have relapsing-remitting MS, secondary progressive MS or primary progressive MS is only one part of the picture.
The most important question is how your condition affects your ability to work now and into the future. We'll explain how your individual circumstances fit with your insurance cover.
This is very common.
Many people continue working for years after being diagnosed before their symptoms eventually make work impossible.
TPD claims focus on your current and likely future capacity for work, not simply when you were first diagnosed.
Yes, this is very common.
Living with a chronic neurological condition can have a significant psychological impact. Depression, anxiety and other mental health conditions that develop alongside MS may form part of your overall claim where they affect your ability to work.
We'll carefully consider your entire medical situation and explain your rights.
No.
Super funds don't hear that someone is unwell and contact members to tell them they may have insurance benefits available. Details about insurance are often buried in fine print on the fund websites. It can be a maze.
Many people are surprised to discover they already have TPD or income protection insurance through their superannuation.
That’s why it’s so important to make sure you have an expert in your corner to identify all your rights and entitlements – quickly. Our team will help you identify what cover you have and explain what benefits may be available.
Claims get wrongly denied by insurance companies every day. We fight for fair outcomes.
Superlaw Claims assists people with rejected and disputed claims every day. We'll review why your claim was declined, explain your options and advise on the best way forward.
Having experienced lawyers involved early can often make a significant difference, and our review is free.
Take the First Step
Living with MS is challenging enough without trying to navigate a complicated insurance process on your own.
If work is no longer realistic and you’re unsure what insurance you may have, a free assessment with Superlaw Claims is a simple first step. There’s no obligation and no cost.
Our team has helped thousands of Australians understand what they’re entitled to, pursue claims they didn’t even know they had, and reduce their financial stress and worries.
Get in touch today – It costs absolutely nothing to find out where you stand.