Former defence members may have an entitlement to apply for retrospective invalidity benefits.
These benefits, including back payments, are through various military superannuation schemes (DFRB, DFRDB, MSBS, ADF Super). We can assist you in getting all the payments you may be entitled to.
An application will have a greater likelihood of success if:
- There is now evidence which supports that you were “medically unfit” to perform your military duties at the time of termination or discharge.
- Alternatively if there is now evidence that you did suffer a service-related injury, this may allow you to retrospectively apply for a change of reason for discharge.
- You have medical evidence from a qualified expert of one or more identifiable physical or mental conditions which significantly impacted your capacity to perform military duties at the time of termination. Examples of this type of evidence might include DVA having accepted liability for the conditions, or having received compensation through a common law claim. Even if your conditions have since been accepted by DVA, this does not guarantee that any application for retrospective discharge and invalidity benefits will be successful.
- You have suffered loss of earnings throughout your life as a result of the diagnosed injury or injuries.
The more serious the service-related injuries, and the greater the impact on your earnings throughout your life, the higher the likelihood of success in obtaining military invalidity benefits for the injury.
Applications for retrospective change of discharge.
If you were not discharged as “medically unfit”, the preliminary step is to apply to the relevant Service Chief for a document retrospectively noting on your military records that at the time of discharge you could have been terminated on the grounds of being medically unfit. This is necessary before you will be eligible to apply for military invalidity benefits through any of the various military superannuation schemes.
These applications take on average 9 to 12 months to reach a decision.
Applications for invalidity benefits.
There are different superannuation schemes in operation, depending on the date you were discharged. All of the schemes are managed by the Commonwealth Superannuation Corporation. Regardless of which scheme applies, the application process is similar. There has been a significant increase in the number of retrospective invalidity applications received by the Commonwealth Superannuation Corporation. It is now taking more than 18 months for the Commonwealth Superannuation Corporation to assess each application and make a decision and another couple of months before payments are made.
What benefits might be payable?
Your entitlement will depend upon which scheme applies, and an assessment of the evidence including your level of disability and working history.
If your application is successful and your level of invalidity is classified as Class A or Class B, you will likely be eligible for an invalidity benefits which are paid fortnightly. You may also be entitled to a back payment for the arrears which relates to the amount of the invalidity benefits you should have received since the date of discharge and for the period during which you were classified either Class A or Class B. This can often be a significant lump sum payment. If your application is successful but you are classified as Class C, you will not receive a payment.
There have been situations where the member was retrospectively classified Class A or B upon their discharge for a period before their classification was downgraded to Class C. Their entitlement to invalidity benefits only accrues for the period during which they were classified either Class A or B.
Help with ADF super invalidity benefit claims.
The process of applying to be treated as medically unfit, and then for invalidity benefits, involves obtaining and reviewing all the relevant evidence to support the applications, then determining how best to put the application and the evidence together in the most persuasive way, taking into account the factors that the decision-maker will need to consider.
Donaldson Law has years of expertise helping ADF members with compensation claims for injuries, particularly in relation to historical abuse. We have expertise in gathering and assessing evidence, proving injuries, proving loss of earnings and putting claims together to give them the maximum chance of success. Our legal evidence-gathering, analytical skills and efficient processes can be applied to these claims, to give you the best chance of obtaining significant payments of pensions and arrears.
We will assist all eligible applications for military invalidity benefits on a no win, no fee basis. Let us help you obtain all the military superannuation benefits you are entitled to.
Initial consultation.
In order to give you the best legal advice, we need to hear your story. We realise it is important that you feel comfortable sharing your story. We are happy to meet with you at a place and time suitable for you. We can meet face to face, by Zoom, Teams or telephone. There will be no charge for the initial consultation if you decide not to proceed with a claim.