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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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To Continue my conversation Re: TPD claim with Sunsuper with

Customer Question

To Continue my conversation Re: TPD claim with Sunsuper with Leon
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon

What would you like to know?
Customer: replied 1 year ago.
Pls. find attachment for Sunsuper info, page 39 is a clear indication re. payout figure. I was under the impression that the date of accident, when TPD occurred reflects the payout figure (age 45, $122.000). The figure offered is just $30.700.,
Expert:  Leon replied 1 year ago.
Did your doctor give you a certificate as to when the TPD occurred?
Customer: replied 1 year ago.
Sunsuper has medical evidence from several doctors, including when the accident occurred. July 1st 2005 I had a motorbike accident, had a 3 month hospitalization, was in a wheelchair for six months, lost the use of the right hand (radialis parese) and my right leg and knee was smashed, so that I still walk with a limb on a walking stick. In 2005 I was still unaware that I could claim TPD, so I did not ask my doctor fort such a certificate. However, Sunsuper is in possession of all evidence since the accident occurred. Further, I did not get any other compensation such as loss of income etc, which could be calculated into the equation.
Expert:  Leon replied 1 year ago.
When was the finding you became disabled made?SInce the accident have you been receivng payments for unpaid wages etc?Your dr should have told you if you were disabled. It is from that date that you can claim.The report has to say the exact date and that you are disabled.
Customer: replied 1 year ago.
On March 30th I received an email from Sunsuper after an ordeal of 2 years of application, that my claim was successful, and I was asked to give my account details for the transfer. They did not tell me the payout figure. It was not till until mid April, that I learned the the sum was only $30.700, so my feeling is that Sunsuper has demonstrated fraudulent intent. If I would have accepte that amount offered without knowing how much I was to receive, I would not have no recourse for claiming the appropriate amount.
Expert:  Leon replied 1 year ago.
When you lodged your claim did you provide them with a medical report that said from X date you had a total disability?If the reports do not say when your disability became permanent then the date of your application is when it is calculated.I can suggest you complain to the FOS about this but if your medical reports are vague you will not get anything changed.Also from the date of the action you should have had a claim in as well. Your solicitor for that should be able to assist with the correct reports to get this sorted.You should not have been left alone to do this.
Customer: replied 1 year ago.
1. At the date of accident and in the following period of recovery there was hope that the radial nerve would grow together and my knee would improve. That did not occur and an educated medical decision can only be made after a period of time. My recent medical report clearly states that no improvement has occurred, or can be expected and that the initial incident has caused TPD.
2. No, I did not receive any compensation!!!! No payment for unpaid wages!!! No workers compensation or any other form of funding. Centrelink advised that I have to use up all my savings, shares and funds until I would be payed a disability pension. After I used up all my funds ($100.000), I then received disability pension.
3. I did not have a solicitor act on my behalf. A year ago I consulted with you and a solicitor firm (Turner Freeman) and they urged to take the matter to court, and informed me that a day at court would cost up to $40.000, and that there was a chance that it would not be settled at the first attempt and that there may well be another hearing. Needless to say, I am glad I did not take this action and fought my own battle.
4. You suggest to complain to FOS. What is that? I would have thought as a logical progression to complain to SCT to have that matter dealt with. But first I want your professional opinion if you think I have grounds for complaint, and why you keep telling me that the date of accident 2005 is not the date for the payout figure, if I have proven without doubt that from that day on I was TPD.
Even if you are correct that the day when the application with Sunsuper commenced, a time that my TPD already persisted for 8 years determines the payout, in 2013, age 54 I should receive $48.000 and not $30.700!!!!!!!!! I need your advise on that, so I can determine my next moves.
Expert:  Leon replied 1 year ago.
Good Morning
Had you seen a solicitor? Did you apply for workers compensation?
What did Turner Freeman believe your case was worth for a fee of $40K?
FOS is the Financial Ombudsman Service.
I cannot make a call on that because the doctors reports are important. If you have a report that says your TPD occurred on X date you can argue that the TPD should be calculated on that date.
I am concerned that you did nothing at the time of the accident. You have lost so much.
Customer: replied 1 year ago.
I believe you are way out of your competence zone on this topic, you are asking the same questions over again and have not comprehended the info I gave you above. There was no useful advice whatsoever, no coherent conclusion but erratic response.

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