Total and Permanent Disability Law

We are an independent legal referral service. We are not affiliated with any insurance company. If you require legal assistance with your TPD claim, please complete the online Contact Form or call us, and one of our solicitors may be able to assist you by providing you with obligation-free legal advice.

LEGAL HELPLINE: 1800 352 100

Your Rights Under the Law

Whether a person is considered to be totally and permanently disabled depends on the definition of TPD in the trust deed/insurance contract and also the context in which that definition is intended to apply.

Only matters relevant to this definition are taken into consideration. For example, if a trust deed definition requires only that the member be unable to perform the particular duties they were performing at the time of the disablement, it is not relevant to consider the possibility of the member undertaking other work even in the same company, involving different duties.

The insurance company will need to ascertain the date upon you which you became totally and permanently disabled, to ensure that it is applying the terms of the Trust Deed which is applicable as at that date.

The onus is on the member to prove on the balance of probabilities, they are totally and permanently disabled, and therefore entitled to TPD benefit.

The trustee or insurance company must make the determination of whether you are entitled to TPD benefit, based on good faith, and a real and genuine consideration of the material before them.

If your claim has been rejected and you have exhausted all possible internal reviews with your insurance company, you may be able to lodge an appeal with the Superannuation Complaints Tribunal  or a Court of law.

Our lawyers are highly experienced in dealing with insurance companies. TPD law is a very complex area of the law, and obtaining legal advice from an expert solicitor is highly recommended. You should legal advice before lodging your claim. If however you have already made an application and your claim has been denied, then we strongly suggest you speak with a solicitor about your legal options in appealing the insurer’s decision.

Complete the Contact Form today or phone us to receive obligation-free legal advice.