Income Protection Claims Lawyers | Expert Help With Your Claim --

Income Protection Claims

If you’re unable to work due to illness or injury, income protection can provide monthly payments to cover your living expenses while you recover. Our team manages the process from start to finish, making it clear, simple, and stress-free so you can focus on your health.

Start Your Income Protection Claim

Are you eligible to make an Income Protection claim?

Our role is to guide you from start to finish – preparing the paperwork, addressing challenges, and keeping the process simple so you understand each step along the way.

Get Started

Our Process

Making the Income Protection Claim Process Clear and Supportive

We guide you through each stage — from checking eligibility to managing your claim — with clarity, care, and expertise, so you understand the process and feel supported throughout.

Confirm Your Full Entitlement

01. Eligibility Review

We check if you qualify for income protection benefits under your policy by reviewing medical evidence, work history, and waiting periods.

Find out more

Gather Policy & Evidence

02. Document Collection

We obtain your income protection policy and gather supporting documents like medical reports, employment records, and income statements.

Find out more

Prepare a Claim Submission

03. Claim Preparation

We prepare a strong and detailed submission with medical evidence, employment history, and financial records to fully support your entitlement.

Find out more

Lodge & Finalise Claim

04. Claim Management

We submit your claim, handle all communication with the insurer or fund, and follow up until your payments are approved and received.

Find out more

We provide dedicated legal services to help individuals access income protection benefits when illness or injury prevents them from working. Our team ensures the process is handled with clarity and care from start to finish.

Our experienced lawyers guide you through every stage of the claim — from confirming eligibility to final payout — tailoring our approach to your circumstances and working to secure the financial support you rely on.

Eligibility for Income Protection Claims

Not every illness or injury automatically qualifies for income protection benefits. Policies set strict criteria about incapacity, waiting periods, and employment status. We assess your circumstances against the policy terms to confirm if you meet the requirements for monthly payments.

What Is Eligibility for Income Protection?

Eligibility typically depends on being temporarily unable to perform the duties of your usual occupation due to illness or injury, having served the waiting period, and meeting any minimum work or earnings requirements at the time you stopped work.

Why Is Eligibility Important?

Submitting a claim that doesn’t align with the policy tests often leads to delays or denial. Confirming eligibility early lets us target the right evidence and structure your claim to satisfy the insurer’s requirements.

Common Eligibility Challenges

Waiting periods: Benefits only start after the policy’s specified waiting time is served.
Occupation tests: Policies vary between “own occupation” and broader capacity tests.
Work status at onset: Some policies require recent hours or income thresholds.
Pre-existing/exclusions: Certain conditions, injuries, or activities may be excluded.
Offsets: Payments can be reduced by workers’ comp or Centrelink income.

Why Choose TPD Claims Lawyers?

Policy mapping: We translate complex policy terms into clear eligibility steps.
Evidence strategy: We identify exactly what medical, employment, and income proof the insurer expects.
Early risk spotting: We flag exclusions and offsets upfront and plan around them.

Our Services Include:

Reviewing policy wording, schedules, and endorsements for eligibility tests.
Confirming waiting periods, minimum hours/earnings, and occupation definitions.
Assessing medical incapacity against the policy’s criteria.
Advising on exclusions, offsets, and how they affect benefit amounts.
Outlining a clear pathway to approval and next steps to proceed.

By confirming eligibility at the outset, TPD Claims Lawyers gives your income protection claim the best start—targeted, compliant, and ready to progress without avoidable setbacks.

Read Less Read More

Understanding Policy Terms & Waiting Periods

Income protection policies often contain complex terms and conditions that directly impact when and how benefits are paid. Our team helps you interpret these provisions so you know exactly what to expect and how long payments may take to begin.

What Do Policy Terms Mean?

Policy terms define your entitlements, limitations, and obligations under the income protection cover. They may include definitions of incapacity, restrictions on certain conditions, or requirements about your employment status at the time of injury or illness.

Why Are Waiting Periods Important?

Most income protection policies include a waiting period—ranging from 14 days to several months—before benefits start. Understanding this timeframe helps you plan for short-term income gaps and ensures your claim is lodged in time.

Common Policy & Waiting Period Challenges

Varying definitions: Each insurer defines incapacity differently, leading to confusion.
Strict deadlines: Missing the waiting period requirements can result in rejected or delayed payments.
Offsets: Some policies deduct Centrelink or workers’ compensation payments from benefits.
Exclusions: Policies may exclude specific injuries, illnesses, or pre-existing conditions.

Why Choose TPD Claims Lawyers?

Clear explanations: We simplify complex terms into plain language.
Policy comparisons: We identify differences across multiple superannuation or insurer policies.
Accurate timing: We confirm waiting periods and align your evidence to avoid gaps in payments.

Our Services Include:

Reviewing policy documents for definitions and exclusions.
Explaining waiting periods and how they apply to your claim.
Advising on steps to cover income gaps during the waiting time.
Identifying risks, offsets, and obligations under your policy.

With TPD Claims Lawyers, you’ll understand your income protection policy from start to finish, ensuring your claim is prepared on time and supported by the right evidence.

Read Less Read More

Medical Evidence & Ongoing Treatment Requirements

Medical documentation is the cornerstone of a successful income protection claim. Insurers require clear proof of your incapacity and often need ongoing updates from your treating practitioners. Our team ensures that your evidence is thorough, consistent, and aligned with policy requirements.

What Medical Evidence Is Required?

Most income protection claims require certificates from your treating doctors confirming your temporary incapacity for work. Insurers may also request detailed reports, treatment records, diagnostic results, or referrals to specialists to verify your condition.

Why Are Ongoing Treatment Records Important?

Insurers often require proof that you are under continuous medical care. Regular updates from doctors and specialists demonstrate that your incapacity is genuine, ongoing, and properly managed, which strengthens your claim.

Common Challenges with Medical Evidence

Incomplete reports: Missing or vague medical certificates can stall payments.
Conflicting opinions: Differences between treating doctors and insurer-appointed examiners may delay approval.
Frequent updates: Insurers often require repeated medical certificates and progress reports.
Independent assessments: You may be asked to attend medical reviews with specialists nominated by the insurer.

Why Choose TPD Claims Lawyers?

Direct coordination: We liaise with your doctors to ensure evidence meets the insurer’s criteria.
Consistency checks: We review all medical documents to avoid discrepancies that could harm your claim.
Preparation for assessments: We guide you on what to expect at insurer-arranged independent medical examinations.

Our Services Include:

Gathering medical certificates and detailed practitioner reports.
Ensuring evidence addresses all policy definitions of incapacity.
Requesting supplementary information from treating doctors if required.
Preparing you for independent medical assessments arranged by insurers.
Providing ongoing updates to keep your claim progressing smoothly.

With TPD Claims Lawyers, your medical evidence is presented clearly and comprehensively, reducing delays and maximising your chances of a successful income protection claim.

Read Less Read More

Employment & Income Verification

Proving your work history and income level is essential for income protection claims, as benefits are usually calculated on a percentage of your pre-disability earnings. Our team ensures that your employment and income evidence is accurate, complete, and aligns with the insurer’s requirements.

What Employment & Income Evidence Is Required?

Insurers generally request payslips, tax returns, employer statements, and bank records to confirm your regular earnings before you stopped work. Employment contracts and position descriptions may also be required to establish the scope of your role.

Why Is Verification Important?

Without clear and consistent income evidence, insurers may dispute the amount payable or delay processing. Accurate documentation helps ensure you receive the correct level of benefits under your policy.

Common Challenges with Employment & Income Evidence

Incomplete records: Missing payslips or tax documents can reduce the benefit amount.
Variable income: Casual or contract workers may face disputes about average earnings.
Employer delays: Some employers are slow to provide confirmation statements.
Conflicting information: Differences between tax returns, payslips, and bank records may trigger insurer queries.

Why Choose TPD Claims Lawyers?

Comprehensive review: We cross-check all employment and income records for consistency.
Employer liaison: We communicate directly with your employer to speed up the process.
Strong submissions: We package income evidence in a way that minimises disputes.

Our Services Include:

Gathering payslips, tax records, and employer statements.
Reviewing employment contracts and position descriptions.
Calculating average earnings for casual or variable-income workers.
Resolving inconsistencies across financial records.
Preparing income verification submissions for insurers.

With TPD Claims Lawyers, you can be confident that your income protection claim is supported by solid, consistent evidence, giving you the best chance of receiving the benefits you are entitled to.

Read Less Read More

Preparing and Lodging Your Claim

Submitting an income protection claim requires careful preparation and strong supporting evidence. Our team ensures every document is complete, consistent, and tailored to meet the insurer’s requirements before your claim is lodged.

What Does Preparation Involve?

We compile a comprehensive claim submission including medical reports, employment records, income verification, and treatment history. This documentation is packaged strategically to minimise delays and anticipate insurer requests.

Why Is Lodging Done by Lawyers?

A well-prepared claim reduces the chance of rejection, unnecessary queries, or long delays. By having experienced lawyers manage the lodgement, you can be confident your claim addresses the insurer’s strict definitions and policy criteria.

Common Challenges in Lodging Claims

Incomplete submissions: Missing or unclear evidence often leads to requests for further information.
Insurer delays: Claims can stall if not actively monitored and followed up.
Medical assessments: Independent exams arranged by insurers may affect outcomes if not prepared for properly.

Our role is to anticipate these challenges and handle them proactively to keep your claim moving.

Why Choose TPD Claims Lawyers?

Thorough preparation: We leave no gaps in your documentation or submissions.
Direct communication: We deal with the fund or insurer on your behalf, saving you stress and time.
Active follow-up: We track your claim progress and push for timely outcomes.

Our Services Include:

Drafting and lodging the full claim submission.
Obtaining and reviewing medical certificates and reports.
Preparing detailed income and employment evidence packages.
Managing all communication with the insurer or superannuation fund.
Guiding you through independent medical assessments if required.

With TPD Claims Lawyers, your claim is carefully prepared and professionally managed from lodgement to resolution, giving you the strongest chance of success.

Read Less Read More

Managing Insurer Communications & Delays

Once your income protection claim is lodged, insurers often request further documents, seek clarification, or take months to review applications. Our team manages all correspondence with insurers, ensuring your claim stays on track and you are never left waiting without updates.

What Does Managing Communications Involve?

We act as the point of contact with the insurer or superannuation fund, handling requests for information, chasing responses, and addressing any questions about your claim. This removes the stress of dealing directly with insurers and ensures professional, accurate communication at every step.

Why Is Managing Delays Important?

Insurers sometimes delay claims by repeatedly requesting extra documents or slow-tracking assessments. Proactive management helps keep pressure on insurers, minimises unnecessary delays, and ensures your matter progresses in a reasonable timeframe.

Common Challenges in Communications & Delays

Slow insurer responses: Some funds take weeks or months to provide updates unless followed up regularly.
Repeated information requests: Insurers may ask for additional medical or financial documents multiple times.
Unclear communication: Policy language or insurer correspondence is often confusing or misleading.

Our lawyers ensure correspondence is clear, timely, and always in your best interests.

Why Choose TPD Claims Lawyers?

Dedicated point of contact: We manage all insurer communications on your behalf.
Active follow-up: We keep your claim moving with regular progress checks.
Experience with delays: We know the tactics insurers use and respond strategically to overcome them.

Our Services Include:

Handling all correspondence with the insurer or fund.
Chasing responses and preventing claims from stalling.
Clarifying insurer requests to avoid confusion or unnecessary work.
Providing you with regular updates and clear timeframes.

With TPD Claims Lawyers, you won’t be left in the dark — we manage communications and delays so your income protection claim stays on track.

Read Less Read More

Partial Disability & Return-to-Work Benefits

Income protection insurance doesn’t only cover total disability. Many policies also provide benefits if you can return to work part-time or in a reduced capacity. Our team helps you access these payments so you continue receiving support while gradually returning to the workforce.

What Are Partial Disability Benefits?

Partial disability benefits apply when illness or injury prevents you from working full-time but you are still capable of limited duties or reduced hours. Insurers may provide a top-up payment to make up the difference in lost income.

Why Are Return-to-Work Benefits Important?

These benefits ensure financial stability during recovery, allowing you to transition back to work without facing sudden income loss. They can also provide ongoing support if you are permanently restricted to part-time work.

Common Challenges in Partial Disability Claims

Complex criteria: Policies often use vague or inconsistent definitions of “partial disability.”
Income comparisons: Disputes may arise over how pre-disability and post-disability income are calculated.
Ongoing medical proof: Insurers usually require regular certificates confirming your capacity and restrictions.

We help ensure your claim is properly documented and supported with clear evidence of reduced work capacity.

Why Choose TPD Claims Lawyers?

Specialist knowledge: We understand the nuances of partial disability provisions in income protection policies.
Strategic approach: We build evidence packages that clearly demonstrate reduced earning capacity.
Proactive advocacy: We handle insurer disputes over calculations or definitions to protect your entitlements.

Our Services Include:

Reviewing policy terms to confirm eligibility for partial disability benefits.
Preparing evidence of reduced hours and income loss.
Lodging and managing partial disability claims with insurers.
Advising on return-to-work programs and benefits top-ups.

With TPD Claims Lawyers, you can transition back to work with confidence, knowing your income protection benefits will continue to support you.

Read Less Read More

Rejected or Denied Income Protection Claims

A denied income protection claim can be devastating, especially when you rely on those benefits to cover essential living costs. Our team specialises in reviewing rejected claims, identifying the reasons for denial, and fighting to have your entitlements approved.

Why Are Claims Rejected?

Insurers may refuse claims for a variety of reasons, such as alleging insufficient medical evidence, pre-existing conditions, or failure to meet waiting period requirements. In many cases, these rejections are based on technicalities rather than the true impact of your illness or injury.

Common Reasons for Denial

Medical Disputes: Insurers argue your condition is not serious enough or temporary.
Policy Exclusions: Claims denied because of pre-existing condition clauses or other restrictions.
Employment History Issues: Gaps or inconsistencies in your records may be used against you.
Incomplete Evidence: Claims rejected due to missing or inconsistent documentation.

Our role is to uncover these issues, challenge unfair rejections, and resubmit your claim with stronger evidence.

How We Challenge Rejected Claims

We review the insurer’s decision in detail, obtain additional medical or financial records, and prepare detailed submissions to overturn the denial. Where necessary, we escalate matters through the insurer’s internal review process or appeal to external bodies such as the Australian Financial Complaints Authority (AFCA).

Why Choose TPD Claims Lawyers?

Specialist expertise: We focus solely on superannuation and insurance claims, giving us insight into insurer tactics.
Proven results: We’ve helped many clients turn rejected claims into successful payouts.
Strong advocacy: We escalate matters quickly and strategically if an insurer refuses to act fairly.

Our Services Include:

Reviewing rejection letters and policy terms.
Identifying weaknesses in the insurer’s reasoning.
Gathering stronger evidence to support your case.
Handling internal reviews and insurer disputes.
Escalating claims to AFCA where required.

With TPD Claims Lawyers, a rejection doesn’t mean the end. We help you fight back against insurer decisions and pursue the benefits you deserve.

Read Less Read More

Interaction with Other Payments (e.g., Centrelink, Workers’ Comp)

Income protection benefits don’t exist in isolation. They often interact with other forms of financial support, such as Centrelink payments or workers’ compensation. Our role is to help you understand these interactions so you can maximise your entitlements and avoid unexpected reductions.

How Do Payments Interact?

Most income protection policies include offset provisions. This means that if you’re receiving workers’ compensation, Centrelink benefits, or other insurance payments, your income protection payout may be reduced by the same amount. Understanding these offsets is crucial to calculating your true entitlement.

Common Challenges with Multiple Payments

Offset Clauses: Income protection insurers often deduct other payments you receive, reducing your overall benefit.
Complex Rules: Each scheme (Centrelink, superannuation, workers’ comp) has its own rules for eligibility and overlap.
Administrative Delays: Claiming from multiple systems at once can lead to delays, confusion, or conflicting requirements.

Our team provides clear advice on how different payments affect each other, helping you plan ahead and protect your financial stability.

Why Choose TPD Claims Lawyers?

Integrated advice: We review your income protection alongside Centrelink, superannuation, and workers’ comp entitlements.
Clarity and transparency: We explain how offsets work so you know what to expect before you lodge.
Maximising outcomes: We strategise your claims to reduce the impact of offsets and secure the highest overall benefit.

Our Services Include:

Reviewing policy terms to identify offset clauses.
Advising how workers’ compensation and Centrelink affect your income protection claim.
Preparing coordinated submissions to minimise delays and confusion.
Challenging unfair deductions or miscalculations by insurers.

With TPD Claims Lawyers, you’ll understand exactly how your income protection interacts with other payments, giving you confidence and control over your financial recovery.

Read Less Read More

Taxation of Income Protection Benefits

Unlike some other types of insurance payouts, income protection benefits are generally treated as taxable income in Australia. This means you may need to pay tax on monthly payments you receive, and it’s important to understand how this affects your overall financial position.

How Are Benefits Taxed?

Income protection benefits are usually taxed at your marginal tax rate, just like salary or wages. These payments are designed to replace your income, so the Australian Taxation Office (ATO) treats them as assessable income for tax purposes. Depending on your circumstances, tax may be deducted directly by the insurer.

Common Tax Challenges

Unexpected Deductions: Many claimants are surprised when their benefits are reduced by tax obligations.
Centrelink & Other Offsets: Receiving income protection alongside other payments may further affect tax liabilities.
Lump Sum Settlements: In rare cases, lump sums or arrears payments can complicate your tax position.

These tax implications can create confusion and affect how much you ultimately receive from your claim.

Why Choose TPD Claims Lawyers?

Specialist Guidance: We explain in plain language how tax applies to your benefits.
Tailored Advice: We help you anticipate deductions and plan ahead financially.
Collaboration: We can work alongside your accountant or financial adviser to ensure your tax obligations are met correctly.

Our Services Include:

Advising on how income protection benefits are treated for tax purposes.
Explaining how offsets or other payments may impact your taxable income.
Assisting with documentation and communication with insurers regarding tax deductions.
Helping you prepare for the financial impact of tax on your benefit payments.

With TPD Claims Lawyers, you gain clarity on the taxation of income protection benefits so you can plan confidently and avoid surprises at tax time.

Read Less Read More

Contact us Today

Eligibility & Factors

Key criteria for Income Protection claims

Partial Disability: Some policies cover reduced hours or duties with top-up payments.
Policy Limits: Payments usually cover up to 75% of pre-disability income and may be capped by maximum benefit terms.
Exclusions: Pre-existing conditions, intentional injury, or certain mental health conditions may be excluded.
Ongoing Treatment: You may be required to demonstrate active medical care and compliance with treatment plans.

Employment Status: You must have been actively employed when the illness or injury occurred.
Loss of Income: Demonstrating a genuine reduction in earnings due to your condition.
Medical Certification: Ongoing medical evidence from your treating doctor confirming incapacity.
Waiting Periods: Most policies have a waiting period before payments begin, often 2–13 weeks.

Why Choose TPD Claims Lawyers

Supportive. Focused. Proven.

We help you access TPD, income protection, and death benefit payouts — with expert guidance and real results.

days

Average time to complete an initial claim review.

hrs

Average response time to new client enquiries.

TPD Claims Approved

Core Values

Guided by experience, driven by results

We are dedicated to helping Australians access their full insurance entitlements with clarity, compassion, and persistence. Our values shape how we approach every claim and how we support every client.

Our Mission

TPD Claims Lawyers is a specialist legal team dedicated to helping Australians access their full insurance entitlements when injury or illness prevents them from working. As part of the Carter Capner Law group, we proudly carry on a tradition of legal excellence that spans over 75 years.

Our mission is to apply our deep knowledge of TPD, income protection, and death benefit claims to deliver legal outcomes that truly support our clients’ financial recovery and peace of mind. We aim to simplify complex processes and provide guidance every step of the way.

We are committed to acting with compassion, integrity, and precision — anticipating obstacles and addressing them with strategy and care to achieve the best result possible for every client.

Our Approach

Exceptional legal service is about more than just lodging forms — it’s about supporting you through one of life’s most difficult moments with clarity, compassion, and experience.

We understand that every person’s situation is unique. Whether you’re navigating a Total and Permanent Disability (TPD) claim, pursuing income protection benefits, or seeking a death benefit after losing a loved one, we take the time to learn about your circumstances in full. We don’t just process claims — we listen, investigate, advise, and act in your best interests at every stage.

Our firm is built around a simple but powerful idea: people first. We take a compassionate, client-focused approach that makes legal processes less overwhelming. We cut through complexity and communicate in plain language — not legal jargon — so you feel informed and empowered from start to finish.

To ensure your matter progresses efficiently, we use up-to-date case management systems that allow our team to provide real-time updates. You’ll never be left wondering where your claim stands — and we’re always available to answer questions when you need us.

frequently asked questions

What is an Income Protection claim?

It’s a claim for monthly benefits if you cannot work due to illness or injury, usually covering up to 75% of your pre-disability income.

Do I need to prove fault?

No. Income protection benefits are paid regardless of who caused the illness or injury, as long as you meet your policy’s conditions.

How long does an Income Protection claim take?

It depends on your policy and insurer, but many take several months, especially if extra evidence or assessments are required.

Who can make an Income Protection claim?

Anyone covered under a valid superannuation-linked or private income protection policy who cannot work due to illness or injury.

What documents are required?

Medical certificates, employment and income records, policy documents, and sometimes independent medical assessments.

What if my claim is denied or delayed?

You can dispute the decision with the insurer, lodge a complaint with AFCA, or seek legal help to challenge it.

Are there time limits?

Yes. Strict time limits may apply under your policy, and delays in lodging can affect entitlements. It’s best to act quickly.

Do I need a lawyer for an Income Protection claim?

While not mandatory, a lawyer ensures your claim is properly prepared, supported with the right evidence, and actively managed to avoid rejection or unnecessary delay.

Latest Insights

Updates, legal insights, and expert tips on TPD, insurance, and superannuation claims.

Practical insights to help you understand your rights, strengthen your claim, and get results sooner.

Still have questions?

Our team is ready to help with your TPD, income protection, or death benefit claim — no matter where you’re at in the process.

Speak to a Lawyer

Learn more about our services