If your health affected your ability to serve, including where you left without a medical discharge, it is worth checking your military superannuation entitlements. KSC Law helps current and former ADF members understand their options for CSC claims and the evidence needed to support them.
Our military superannuation lawyers can review your scheme, discharge records and any existing decision to help you understand your options. You do not need to have all your paperwork ready before speaking with us.
Contact our team today or call 07 2112 4752.
CSC invalidity classifications and review
These percentages concern your assessed incapacity for civilian employment suited to your skills, qualifications and experience, not a DVA impairment score. The amount and review rules depend on the scheme.
Class A
Class A means assessed incapacity for relevant civilian employment of 60% or more. Class A and Class B provide invalidity pension benefits for eligible members.
60%+ incapacity
Class B
Class B means at least 30% but less than 60%. Class A and Class B provide invalidity pension benefits for eligible members.
30–60% incapacity
Class C
Class C means less than 30%. Class C does not provide an invalidity pension; any other superannuation entitlement needs to be considered separately.
Under 30%
What CSC claims involve
Your scheme
The Commonwealth Superannuation Corporation administers several military superannuation arrangements. The rules and benefits differ between MilitarySuper, also known as MSBS, DFRDB and ADF Cover. Which arrangement applies depends on your membership and circumstances.
Civilian employment
CSC assesses your incapacity for relevant civilian employment, rather than simply your fitness for military service. Being unable to continue serving in the ADF does not, by itself, establish a particular invalidity classification.
Cause of your condition
A condition does not necessarily have to have been caused by service, although the eligibility rules and exclusions under the applicable scheme still apply.
ADF Super and ADF Cover
ADF Super is an accumulation superannuation fund. ADF Cover is a separate arrangement providing death and invalidity benefits for eligible ADF members. Benefits payable under ADF Cover are separate from your superannuation account balance.
CSC claims frequently asked questions
Our CSC claims lawyers help current and former ADF members with military superannuation matters, including invalidity benefits, medical transition, retrospective invalidity and classification decisions. We identify your scheme and the issue requiring attention before explaining the relevant process and evidence. You can deal directly with CSC without engaging a lawyer; our role is to provide independent legal advice and representation where you choose to engage us.
Yes. We assist with CSC invalidity claims involving MilitarySuper, DFRDB and ADF Cover. These arrangements have different rules and benefits. We first identify your scheme, the circumstances in which you left or are leaving the ADF and any decision already made. We can then assess the relevant medical evidence, civilian employment considerations and available pathway.
Yes. We can assess whether a CSC invalidity classification review, reconsideration of the original decision or another pathway is relevant. Reconsideration challenges a decision you disagree with; a later classification review addresses changes under the scheme rules. A reconsideration should be requested within 30 days of receiving the classification determination. Send us your Decision Notice promptly so the applicable requirements and time limits can be checked. In the event this time period has passed, reach out to KSC Law to discuss your options.
Yes. We can advise on an MSBS invalidity pension and retrospective invalidity claims. If you left the ADF without a medical transition, the question is whether medical grounds existed at that time and, if so, your assessed incapacity for relevant civilian employment. A later diagnosis may help explain your earlier condition but does not automatically establish entitlement.
For military superannuation claims, useful starting documents include your CSC statement, service and transition records, Decision Notice and relevant medical reports. Your skills, qualifications, employment history and work after leaving the ADF may also be relevant to civilian employment capacity. Start with what you have; we can explain which further records matter for the issue being considered.
Most KSC Law matters are offered on a no win, no fee basis. If you are comparing fixed-fee CSC claims or no win, no fee CSC claims, the arrangement depends on the work required for your matter. KSC Law may offer fixed fees for particular stages, a no win no fee arrangement, or a combination of both. Where no win no fee applies, there are generally no professional legal fees to pay upfront. We explain the proposed professional fees, foreseeable expenses and payment arrangements before work begins. The full terms are set out in your written costs agreement.
How our military superannuation lawyers can help
We can help with an initial invalidity matter, a decision you disagree with, or the question of whether grounds for medical discharge existed when you left the ADF. These involve different processes, so we first identify the decision or entitlement that needs attention.
For an existing decision, we look at the classification, the occupations considered and the medical evidence used. For a possible retrospective invalidity application, we look at your health and the relevant circumstances at the time you left service. A later diagnosis may be relevant, but it does not automatically establish an entitlement from an earlier date.
Where an entitlement changes, the effective date and any adjustment to payments need to be calculated under the relevant rules. Any arrears payable may be affected by offsets or benefits you have already received.