Superannuation TPD Claim Lawyers

If you have been unable to work due to an injury or sickness and are unlikely to be able to return to work within your education, training, or experience, you may be entitled to make a TPD claim.

Are you eligible to make a TPD claim?

The TPD Claim process has hoops and hurdles can be intimidating. Our role is to successfully handle all challenges and pursue your claim from start to end and explaining everything in simple terms as we go.

Are you eligible to make a TPD claim?

Start your TPD claim with us!

What is Total Permanent Disability (TPD) and what is involved in a TPD claim?

Total and Permanent Disability (‘TPD') occurs when you are unable to work as a result of an injury or illness. Such condition has an obvious impact on your opportunity to generate the income necessary to satisfy your family's financial obligations.

Unlike other types of injury claims, you do not have to prove that the injury or illness was caused by someone else or that it was work-related when submitting a TPD claim. You will still be eligible for benefits if you are unable to work due to an illness such as cancer or an organic mental health illness such as bipolar disorder.

If you can show that you are unable to do your regular job or any other employment within your training and experience, you may be eligible for TPD compensation. You do not have to prove you are unsuitable for all tasks; only those for which your education and expertise qualifies you to perform.

The majority of workers are covered for total and permanent disability (TPD) insurance as part of their superannuation fund membership. Many are however unaware that TPD benefits exist and/or Income Protection (IP) cover applies.

Exclusions and eligibility requirements in the fine print that insurance companies regularly use to deny claims may limit cover.

If you are unsure where to start, contact our expert TPD claim lawyers for advice today.

1

Do some quick research

Before starting a super fund insurance claimSuper Funds or insurance companies, it's usually a good idea to do some research.

2

Schedule your free initial consultation

We can provide you with further information about the claim process and explore the viability of a TPD or Income protection claim during our initial consultation. We'll also see if you qualify for no-win, no-fee terms in order to pursue your case.

3

Investigation & gathering evidence

While you recover from your injuries, we'll investigate and gather evidence. This includes gathering medical information both before and after the accident.

We'll also collect employment and income records at the same time so that we can paint a comprehensive before and after picture.

4

Lodge your claim

If the investigation turns out to be satisfactory, we'll file your insurance claim for the physical and psychological impairments you've suffered as a result of the injury or illness.

5

Claim settlement or court proceedings

During the informal settlement meeting, in many circumstances, the claim is successfully resolved, and you will receive the payout to which you are entitled.

If your TPD claim has not been accepted, we can file proceedings to ensure you receive the payout to which you are legally entitled.

Frequently Asked Questions about TPD claim

Every TPD claim is unique.

Generally it can take between 1 to 12 months to get an initial response on a TPD Sickness & Accident or Income Protection claim. Some funds process claims quickly while others take longer.

The majority of claims submitted with our assistance are approved within this time frame.

If you have a compelling reason or have no means of support you can make an application to access your Superannuation balance before reaching retirement age. This is a separate process to a TPD claim.

This varies from Super Fund to Super Fund, as well as from insurance company to insurance company.

While you may submit your application as soon as you stop working, you may be required to demonstrate that you have been out of work for at least six months before qualifying for a TPD benefit.

It is important that you seek legal advice to ensure that you meet the rules of the fund and the insurer that underwrites its members' TPD cover.

The amount you are eligible to receive is determined by the type of insurance you have and the amount for which you selected as the policy cover. This information is commonly included in the fine print of your policy or super fund statement.

Benefits received are usually in addition to Centrelink payments and any workers' compensation you may have received as a result of your disability or illness.

In short - Yes, you can.

Claiming for Total and permanent disability (TPD) doesn't mean you have to be in a wheelchair or be incapacity and completely bedridden. You have to prove to the insurer that you genuinely cannot do your regular tasks at your job, or another job to which your education, training and experience qualifies you to perform.

Although eligibility depends upon the specific insurance policy provided by your super fund, the fund's trustees have significant discretion in deciding eligibility:

  • Level of disability All insurers will require a minimum level of disability and may assess your claim according to the likelihood of you recovering from that disability.
  • Education, Training & Experience To be eligible for TPD, you must be prevented or significantly impaired in carrying out any employment within your education, training & experience. This is called the ETE test.
  • Waiting periods Many insurers will impose a minimum waiting period before assessing claims. This serves to allow the injury to settle, so that it may be accurately assessed.
  • Minimum work history Some insurers may require you satisfy a minimum level of employment before eligible for TPD.
  • Subsequent work history Under many policies, applicants will be disqualified if they have returned to full time or near full time employment following the original injury.
  • Your age Many policies reduce the insured amount as your age advances. This is determined as at the date of application for the insurance benefit.
  • Your ability to perform daily activities In assessing TPD, some policies may require that you are unable to perform functions of daily life including; eating, drinking, dressing and showering. This is called the Activities of Daily Living test.
  • Ongoing medical care Your eligibility for a TPD claim may – under some policies - be established by your condition requiring ongoing medical attention.

If you've worked for a variety of companies throughout your career, you may have a number of different superannuation funds. This frequently occurs if your workplaces specified preferred funds for its employees, such as industry super funds.

If you have any superannuation funds that provide insurance coverage, you may be qualified to make a claim under each fund.

We will investigate if you can make a claim through each (or all) of your superannuation funds.

You will likely be taxed if you withdraw your Super fund balance before your Preservation Age (the ‘lockout' age on your super insurance, which is normally 55). There is no tax on TPD benefits you receive.

However, there are rare exceptions, such as in cases of a terminal illness.

It's a good idea to speak with a financial or tax professional regarding your insurance and your situation so you know where you stand.

Unfavorable decisions can be appealed in court or by submitting a request for reconsideration. It is critical that you retain the services of experienced competent superannuation lawyers to advise you on the best course of action to take.

We can assist you in arguing or fighting a denied TPD claim.

You can also make a complaint with an industry tribunal or the financial ombudsman service if you believe you have been treated unfairly.

TPD claims are frequently challenging.

There are numerous policy terms and criteria that must be met. The Superannuation fund may not inform you of this right away, hoping you slip up.

Every TPD claim is unique, and the level of intricacy varies from person to person, and fund to fund.

We understand the Super Funds' policies and how they will relate to your case.

We have extensive experience with claims like yours. We will get to know you and your expectations. We will tailor the best approach for your specific circumstances in order to give your TPD Claim the best chance of success.

Are you eligible to claim for TPD, Sickness & Accident or Income Protection?

Your superannuation fund may be able to compensate you with a lump sum TPD payout if you are unable to work due to illness or injury. It all depends on your:

Level of disability

Waiting periods

Subsequent work history

Your ability to perform daily activities

Education, Training & Experience

Minimum work history

Your age

Ongoing medical care

Why choose TPD Claims Lawyers?

We take the worry out of the process with decades of knowledge and the expertise to assess your claim and bring it to a successful conclusion by cost-effective means. Learn more

 

No Win No Fee.

No money payable in most cases for legal fees and expenses unless and until there's a successful outcome.

It’s about you.

Happy and satisfied clients are what our terms of service are designed to achieve.

Efficient & Effective.

Up-to-the-minute technology means we can guarantee your claim is conducted quickly and transparently.

TPD Claim Process

Please note, every TPD insurance claim is different due to the individual circumstances of the deceased, family circumstances, policy complexity and the superannuation fund involved. The information on this site is general TPD claim information only.

Process

Compile Initial TPD Claim Information

Proper claim preparation demands meticulous attention to detail. That's why we collect all the facts from you right from the start. The quicker we receive this information and signed information releases from you, the quicker your claim can be lodged.

Process

Obtaining your Individual Policy Documents

Once you have provided all the information we require and signed authorities, we will request your superannuation fund provide the relevant policy documents and policy benefit particulars.

Process

Review of your Policy

Each and every policy document is unique and requires a thorough review. We undertake a careful analysis of your individual policy documents and provide claim advice and the criteria you are required to meet for a successful claim.

Process

Complete your Initial Claim

We will complete an in-depth and accurate claim submission on your behalf. The submission is based on the information provided by you and that sourced by us. It is important that you fully & frankly inform us of all employment, education and training you have undertaken.

Most superannuation funds require a certificate from two separate treating medical practitioners certifying that you are totally and permanently disabled and in some circumstances, a certificate from your employer.

Process

Lodging your TPD claim

We will compile all medical evidence and make submissions to your super fund in support of your claim for TPD. You may be required to undergo an independent medical assessment by a specialist nominated by the fund to certify you as TPD. Once your claim has been received by the fund, they should provide an estimate on how long it will take them to reach a decision.

What documents/information do you need for TPD claims?

Superannuation fund details

Details regarding your superannuation policies, such as the fund name and membership number (if available), and whether you arranged the insurance privately or had it prepared for you by your employer.

Injury/illness details

All injuries or illnesses that may impair your ability to work should be mentioned. We'll also need the names and phone numbers of any medical providers you've seen for the condition(s).

Your work history

As far back as you can remember, detail your employment history. We'll also need to know the last time you worked.

Your education and training

Details about your education and training, as well as any current licences. We'll also need to know how competent you are with a computer.

Any other claims

Any other claims you've made as a result of your illness or injury, such as workers' compensation or income protection.

Contact TPD Claims Lawyers

Every client has the right to a no-obligation case review at TPD Claims Lawyers. Simply call our office or complete the online form below to receive a free case review for any total disablement superannuation claims.