Total and Permanent Disability Claims

We have an online network of specialist insurance lawyers who may be able to help you with your TPD claim. If you need help making a TPD claim or if your claim has been denied or delayed by an insurance company, then please feel free to complete the online Contact Form or phone us to receive obligation-free legal advice.

LEGAL HELPLINE: 1800 352 100

How do I make a TPD claim?

To make a TPD claim you must meet the definition of TPD in your superannuation policy and/or the Trust Deed clause.

There are a number of definitions for TPD that depend on your working status at the time you become disabled. For example, being totally and permanently disabled may mean you must be suffering from an ongoing and serious injury or illness for over six months.

Some definitions state that you must not be able to work in your “own occupation”. Other tougher definitions require that you must not be able to work in “any occupation” by which you are suited by training, education or experience because of sickness or injury.

The insurer will ask you to complete a claims form. You will need to provide enough information about your condition in order for the insurer to assess whether you fit the criteria for TPD.

You will usually be required to submit a doctor’s statement/report about your condition, together with copies of any relevant medical records.

The insurance company may also ask you to attend an independent medical examination (IME), where you will be examined by a medical specialist chosen by the insurer. This specialist will then prepare a report outlining their findings on examination and their opinion of your medical condition.

The insurer will then assess your claim based on all the evidence that they have access to. A decision will be made as to whether you qualify for TPD benefit.

Can I make a TPD claim if I am also receiving worker’s compensation or other benefits?

TPD claims are separate from other claims such as worker’s comp. You can be on worker’s compensation and still be able to receive a TPD payout.

It does not matter how your disability or illness came about. Your disability does not need to have been as a result of an injury at work.

What if my TPD claim is denied or deferred by the insurer?

If you have any problems in dealing with the insurance company, especially if they are delaying your claim or have denied your claim, you should seek legal advice.

A solicitor can advise you of your options. You may be able to seek an internal review of the insurer’s decision.

There are also legal avenues which you could pursue such as lodging a complaint with the Superannuation Complaints Tribunal and/or appealing the decision to the Federal Court of Australia.

Time Limits Apply

Do not delay in seeking legal advice. Strict time limits apply from the date your claim is rejected. It is often worth appealing against the insurer’s decision, however it is important to get urgent advice from a lawyer experienced in superannuation appeals. Many of our lawyers also provide representation on a No Win No Fee basis.

If you require legal assistance with your TPD claim, please complete the online Contact Form, or call our helpline and one of our solicitors may be able to assist you by providing you with obligation-free legal advice.

LEGAL HELPLINE: 1800 352 100