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....
Read moreMost 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.
Find out whether you’re entitled to a TPD benefit today.
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:
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.
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.
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:
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.
While most TPD policies cover mental health conditions, there are a few exceptions. These include:
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:
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:
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 condition.
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:
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.
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.
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.’
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.
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.
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.