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      Do I have a TPD claim?

      Most people associate Total and Permanent Disability (TPD) with physical injuries, but an increasing number of claims now relate to psychological and mental health issues. In fact, mental health conditions now account for 1 in 3 TPD claims across Australia.

      If a mental health condition has left you permanently unable to work, you might qualify for a TPD benefit.

      Unlike income protection or weekly workers compensation, a TPD benefit offers a lump sum payment — often a significant amount — to help secure your financial future.

      TPD benefits are usually attached to your super policy, so you might be insured without even realising it.

      You can make a TPD claim regardless of how your psychological condition developed. However, if work caused (or substantially contributed to) your condition, you may also have a workers compensation claim.

      You don’t have to prove that someone else was at fault for a successful TPD claim.

      Your free online claim check

      Find out whether you’re entitled to a TPD benefit today.

      Get started nowIt only takes 2 minutes.

      What conditions can I claim for?

      You can make a TPD claim for almost any psychological condition that affects your mental, emotional or social abilities, as long as it means you’re permanently unable to work.

      In our experience, this can include:

      • Depression: you must be diagnosed with clinical depression, also known as major depressive disorder.
      • Anxiety: you’ll need to be diagnosed with an anxiety disorder; general ‘stress’ isn’t usually enough.
      • Post-Traumatic Stress Disorder (PTSD): if you experience panic attacks, insomnia, or trouble concentrating after a traumatic event.
      • Degenerative disorders: conditions such as Parkinson’s, Alzheimer’s, dementia and other disorders that impair your physical and mental functions.

      Aaron secures $1 million TPD benefit despite strict policy terms

      After developing a serious psychological injury, Aaron tried to claim a TPD benefit through his super fund, but the strict policy made it seem like he wouldn’t qualify.

      When Aaron reached out to us for help, we knew that strong medical evidence was crucial, so we brought in top independent medical examiners to provide detailed reports on his condition. Additionally, we funded an employability assessment report — a key piece of evidence many clients can't afford.

      With this evidence and our expert knowledge of TPD law, we successfully secured a $1 million benefit for Aaron.

      Read Aaron's full story

      How to make a successful TPD claim

      To make a successful claim, you’ll generally need to do three things:

      Visit your GP, psychiatrist, or another mental health professional to get a formal diagnosis. This not only helps with your treatment but also provides essential evidence for your claim.

      Each policy defines TPD a bit differently, so it’s essential to confirm that both your condition and its effect on your life match your policy’s definition. While some policies require you to be completely unfit for work, others only need proof that you’re unable to do your regular job, or any job within your education, training and experience. You can learn more in our guide to different types of TPD policies.

      Ensure you meet all other policy requirements, such as work history conditions or waiting periods, before filing your claim.

      Importantly, you don’t have to navigate these criteria on your own. Mental health claims can be incredibly challenging to prove, so we strongly recommend working with an expert TPD lawyer. We’ll use our national network of medical and employment experts to collect compelling evidence of your psychological condition, its impact on your life, and how it fits your policy’s TPD definition.

      How much does a TPD claim cost?

      Every TPD claim is different, but one thing remains the same — you’re always protected by our No Win No Fee guarantee. Here’s what that means for you:

      • No financial risk: you don’t pay anything unless we win your case.
      • No upfront costs: we handle all expenses, including expert evidence and legal fees. If your claim doesn’t succeed, you won’t owe us anything.
      • Fixed fees: we provide a clear breakdown of our fees before starting, so there are no surprises or hidden costs.
      • 30-day risk-free trial: try our services for 30 days. If you decide to cancel within this period, you won’t be charged.
      Find out more about our fees

      Juliette secures $700k TPD benefit in just 4 weeks

      Juliette had to leave her job due to severe physical and psychiatric illnesses. When she filed a TPD claim, the insurer argued she could retrain for a remote job.

      We fought the insurer’s claims using detailed reports from her specialists and GP, highlighting the severity of her condition and her inability to work. With this solid evidence, we submitted her TPD claim. Our thorough approach led to Juliette receiving a $700,000 TPD benefit just four weeks after approaching us.

      Read Juliette's full story

      Frequently asked questions

      While most TPD policies cover mental health conditions, there are a few exceptions. These include:

      • Pre-existing conditions: some policies exclude coverage for conditions you had before the policy started. However, just having a pre-existing condition doesn’t automatically disqualify you — it depends on the specific terms of your policy.
      • Underwritten policies: if your policy was underwritten, it means coverage was determined when the policy began. As a result, conditions you had at that time might be excluded.

      These are just two common reasons why your mental health condition might not be covered. Since every policy is different and open to interpretation, it’s a good idea to consult a lawyer if you’re unsure about your coverage. Our TPD team is always available to review your policy and offer free advice on your entitlements.

      Time limits for TPD claims can vary depending on your policy. While some policies don’t have specific deadlines, others might include a ‘prejudice clause,’ which requires you to file your claim within a certain timeframe to avoid forfeiting your entitlements.

      If your claim has been denied, you have the right to appeal. However, appeals must be filed within strict deadlines, so it’s crucial to seek legal advice before you start. Over the years, we’ve successfully helped hundreds of clients appeal their denied TPD claims.

      Most claims take about 6 months from lodgement date to completion. But if your case is more complicated, it might take up to 12 months for a decision. The exact timeframe depends on a few key factors:

      • Your benefit amount: insurers may try to delay large payouts by requesting unnecessary medical tests or challenging your doctor’s evidence. A skilled TPD lawyer can identify these tactics and push back, keeping your claim on track.
      • The severity of your injury: serious injuries often require detailed medical evidence, which can slow down the claims process. On top of this, your insurer might also request extra information or assessments to prove the severity of your injury. Your lawyer will challenge any unnecessary requests so you only provide what’s absolutely needed.
      • The terms of your policy: if your policy has a broad definition of TPD, it might be resolved faster. In contrast, if your policy is strict, you might need to compile more evidence which can extend the claims process.
      • How your claim is prepared: poorly prepared claims can face unnecessary delays, so it’s crucial to get your claim right from the start. A specialist TPD lawyer can manage all aspects of your claim, from gathering evidence to meeting deadlines, ensuring your benefit is paid out quickly.

      Once we know the details of your situation, we can provide a clearer timeframe for your claim.

      If you’re unable to work, chances are you need your TPD claim sorted as quickly as possible. Unfortunately, TPD claims can be delayed for a number of reasons. Some of the most common include:

      • Wait period: before you can start a TPD claim, you usually need to be off work for a set wait period, often three or six months. The exact wait period will be outlined in your policy.
      • Delay tactics: insurers sometimes use tactics to delay claims or make it harder for claimants to what they deserve. A dedicated TPD lawyer can help navigate these tactics and speed up your claim.
      • Unexpected circumstances: insurers typically have 6 to 12 months to make a decision, but if delays occur, they must issue an ‘unexpected circumstances letter’. This letter explains the reason for the delay and outlines the next steps. If this happens, your lawyer can help you understand your rights and advise you on how to proceed.
      • Requests for information: insurers may ask for additional information to process your claim. This might include Medicare and PBS history, tax and financial documents, Centrelink documents and medical records or reports. While not all claims require these documents, gathering them can take time. Your lawyer can help you navigate these requests, challenge unnecessary ones, or assist in obtaining the required documents more efficiently.

      Unfortunately, super funds and insurance companies sometimes reject TPD claims, especially those related to mental health. But don’t worry — you still have many options available.

      You have 28 days to ask for a review of their decision. Your super fund will then have 45 days to either uphold their decision or change it. If you’re dealing with an insurer, they have just 30 days to respond.

      If you’re not satisfied with the outcome of the review, you can file a complaint with the Australian Financial Complaints Authority.

      To learn more about this process, check out our guide to rejected TPD claims or talk to one of our expert lawyers.

      Absolutely. We get that cost can be a big barrier to mental health treatment, especially when you’re not working.

      Unfortunately, insurers often require medical records and assessments from your psychiatrist to approve a TPD benefit. That’s why we cover the cost of upfront medical assessments, including psychiatrist visits. If you require ongoing treatment, we’ll also cover those costs. You’ll get the psychiatric help you need and secure essential evidence for your claim — all without paying a cent out-of-pocket.

      Once we successfully resolve your claim, these costs will be included in our fees. But if we’re unsuccessful, you’ll never receive a bill from us.

      Yes, it’s possible. If you have TPD cover with more than one super fund, you might be able to make a claim with each fund for the same illness or injury.

      Many people don’t realise they’re covered by multiple super funds, especially if they’ve changed jobs over the years and haven’t consolidated their super. If each of your funds has its own TPD insurance policy, it’s possible to make multiple claims.

      Keep in mind that success with one claim doesn’t guarantee success with others. Each fund has its own policies and definitions, and some might even exclude payments if you’ve already received benefits from another fund.

      To navigate this, you’ll need expert help to uncover all your policies and understand your entitlements. Contact our specialist TPD team today for a free consultation.

      In addition to your TPD claim, you might also be eligible for other types of compensation:

      • Workers compensation: if your mental health condition was caused or worsened by work, you might be able to claim workers compensation. Depending on your situation, you could receive weekly payments to cover lost wages, medical expenses, and rehabilitation costs. If your condition is severe or permanent — something that’s likely if you’re making a TPD claim — you might be eligible for an additional lump sum payment.
      • Common law damages: if your mental health issue arose because your employer overworked you, failed to keep your work environment safe, or otherwise acted negligently, you could be entitled to common law damages. A successful claim can result in a significant lump sum payout — worth hundreds of thousands (or even millions) of dollars.

      If you think you might be eligible for more than one type of claim, it’s a good idea to consult a lawyer before you begin. While multiple claims can boost your total compensation, they also make your case more complex. Having an expert lawyer on your side ensures you get the full amount you’re entitled to.

      See more FAQs

      The claims process

      While every mental health TPD claim is different, here’s a general outline of the process:

      During a free consultation, you’ll chat with one of our TPD lawyers, who will listen to your story and review your super policy. We’ll give you an idea of your potential claims and how we can help maximise your compensation.

      We’ll collect your medical records, review your policy in detail, and start investigating your entitlements. This process may involve talking with your doctors and psychologists to understand your condition better. We might also reach out to your family and friends to get a complete picture of how your condition impacts your life.

      Your lawyer will explain your eligibility for a TPD benefit and suggest the best strategy to secure a quick payout. They will also identify your additional claims, such as common law damages or income protection, which can significantly increase your total compensation.

      We’ll gather strong evidence of your condition from sources like doctors, specialists, the ATO, WorkCover, and Centrelink. We also leverage our national network of medical experts to provide testimony that strengthens your claim. Once all the evidence is in place, we refine your case, complete the necessary claim forms, and submit them to your super fund.

      With our proven negotiation skills and 99% success rate, you’re likely to receive your TPD benefit swiftly. However, if your super fund is dragging its feet or refusing to pay your benefit, we have strong strategies to push them into action. And when needed, we’re fully prepared to take your claim to court.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Daniella Dababneh
      Senior Associate
      • English, Arabic
      • Superannuation, TPD, Life Insurance
      View full bio
      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Meet more of the team

      Get free legal advice

      Find out if you have a claim today.

      Start your claim check Make an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      Monaco made the process easy for me, I wouldn't have succeeded on my own.

      My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.

      Google Posted by Cephas G
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      They took care of every detail, supporting me every step of the way.

      The team at Monaco Solicitors are outstanding. I was broken and had no capacity to lodge a claim. My toxic employer had me believe I was worthless. My medical expenses were adding up and I could not access treatment due to the cost. Daniella Dababneh and her team stepped in and nurtured me through the complicated process of lodging my TPD claim.

      Google Posted by Aldo Virzi
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      Today, after only 8 weeks, I got the best news: my claim was successful!

      Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

      Google Posted by Cherie Mundkowski
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      Monaco's help reduced a 12-month process to just a few months.

      My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

      Google Posted by Carlee Ward
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

      Google Posted by Sarah Pagel
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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

      Google Posted by Scott Holden
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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
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      I can't recommend Monaco enough for their help in securing my future financially.

      Monaco Solicitor’s helped me get the best outcome financially for my future after work place injuries left me unable to return to work, my WPI claim was handled by Medea, Jo and Chantel for the main part and although stressful for me at times they always reassured me and kept me up to date throughout the whole process.

      Google Posted by Adam Russo
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      Leon Monaco & team member

      How we can help you

      While mental health TPD claims are on the rise, they’re still much tougher to prove than physical injury claims. That’s why you need a lawyer who specialises in mental health claims.

      Unlike physical injury claims, which can be proven with tests and scans, mental health claims often come down to personal stories — making them more subjective and easier for insurers to dispute. This is especially true for TPD claims because you need to prove your condition is permanent.

      With decades of experience, our TPD team knows how to present your case clearly: showing the severity of your condition and how it affects your ability to work long-term. We also collaborate with Australia’s top medical experts to gather strong evidence supporting your claim. This thorough approach ensures your claim is clear, compelling, and fully backed by medical evidence.

      Whether you’ve already stopped working due to your condition or are thinking about it, we’re here to help. Get in touch today for free advice tailored to your situation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $1.2 million

      Mental Health TPD Claims
      Total and Permanent Disability

      Pieta’s claim was rejected by her insurer. We got the decision overturned.

      When Pieta was diagnosed with breast cancer, she attempted to claim a TPD benefit through her superannuation. Her insurer rejected Pieta’s claim. Pieta then came to us....

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      $1 million

      Mental Health TPD Claims
      Total and Permanent Disability

      Mario wins large TPD payout for psychological condition despite strict policy definition

      After Mario stopped working due to psychological illness, his insurer attempted to deny his Total and Permanent Disability (TPD) claim, arguing that he could eventually return to...

      Read more

      $1 million

      Mental Health TPD Claims
      Total and Permanent Disability

      Aaron tried to claim under a strict insurance policy. Our extra evidence secured his win.

      When Aaron suffered a serious psychological injury, he attempted to claim a TPD benefit through his super fund. His policy, however, was very strict. At first glance,...

      Read more

      $700,000

      Mental Health TPD Claims
      Total and Permanent Disability

      Juliette secures $700k in just 4 weeks — despite claims her skills were transferrable

      Juliette, 44, had to stop working as a regional supervisor due to severe psychiatric and physical illnesses. She suffered from numerous conditions, including short bowel syndrome, an...

      Read more

      $525,000

      Mental Health TPD Claims
      Total and Permanent Disability

      13 years after his claim was rejected, we helped Jim overturn his insurer’s decision.

      In 2006, Jim suffered a deep psychological injury. When he tried to claim a TPD benefit through his super fund, his application was rejected. 13 years later,...

      Read more

      $500,000

      Mental Health TPD Claims
      Total and Permanent Disability

      Expert evidence secures Travis’ TPD payout despite insurer claiming he could return to work

      Travis suffered from severe Post-Traumatic Stress Disorder (PTSD) that left him unable to work. He was just 35 years old when he came to us for help...

      Read more

      $460,000

      Mental Health TPD Claims
      Total and Permanent Disability

      Sally wins TPD payout despite insurer’s claims of incomplete treatment

      At just 42, Sally, a registered nurse, was forced to stop work due to a severe mental health condition. When her insurer claimed she needed to exhaust...

      Read more

      $310,000

      Total and Permanent Disability

      John was bullied to the point of depression. Doctors and insurers insisted he could work again – but we proved them wrong.

      After enduring persistent workplace bulling, John developed depression and anxiety. When trying to claim a TPD benefit, he hit a roadblock. John’s policy required him to prove...

      Read more

      $280,000

      Mental Health TPD Claims
      Total and Permanent Disability

      After a workplace accident, Alex’s TPD insurer insisted he could return to work. We found a loophole.

      When a workplace accident left Alex unable to work, he lodged at TPD claim himself. At this same time, we were assisting Alex with his Workers’ Compensation...

      Read more

      $180,000

      Mental Health TPD Claims
      Total and Permanent Disability

      Sarah struggled to get medical support for her claim. Our network of experts helped win her case.

      Sarah, a nurse, suffered chronic pain as a result of her Fibromyalgia and Complex Regional Pain Syndrome. Unfortunately, due to the lack of medical testing and disagreements...

      Read more

      $100,000

      Mental Health TPD Claims
      Total and Permanent Disability

      Tony’s insurer claimed his injuries didn’t qualify as TPD. Our lawyers proved them wrong.

      Tony has struggled with lifelong psychological injuries. When later diagnosed with physical injuries as well, Tony tried to claim a TPD benefit through his superannuation. He discovered...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

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      Darren got a response within an hour. “Monaco took the stress out of everything.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your online claim check Call 1300 769 665 Email us