Total and Permanent Disability claims

Unable to do your work due to injury or illness? You might be entitled to a Total and Permanent Disability (TPD) benefit.

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Don’t just take our word for it See what our clients say

They helped me navigate the very overwhelming TPD system

They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter.

Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where ever they can. Monaco explain things in a way you would understand instead of lingo insurance and other companies like to use.

Monaco Solicitors are amazing! So, to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!

Daniella Fraser

Without their expertise in these types of claims we would have been lost in the process

We approached Monaco Solicitors to get assistance and advice on if we were entitled to compensation for a TPD claim.

From the initial consultation through to our eventual successful outcome, Ben and Daniella gave us honest and professional advice on what we were entitled to, and kept us constantly up to date with all correspondence throughout the entire process.

The communication channel was always open and frank, and we were comfortable with their level of expertise to lead throughout the entire claim. They were always available to listen to our concerns and even though there were times when we considered stopping the case, never were we made to feel as though we had an obligation to continue – to the contrary they understood the mental anguish we were being put through and never placed any pressure on us to continue.

I would recommend anyone with a TPD claim contact Monaco even for an initial discussion. Without their expertise in these types of claims we would have been lost in the process. Thanks to them, we were able to receive our rightful compensation.

Matthew Melbourne

Special mention to Daniella Dababneh from the TPD section for all her hard work

I have been so fortunate to have found such a professional and reliable solicitor. I would recommend Monaco Solicitors to all my family and friends. I would like to give a special mention to Daniella Dababneh from the TPD section for all her hard work and continued communication with me. ❤️

I would like to take this time to thank Megg Ross for the outstanding service she has provided me for my case against EML for weight loss surgery.
Megg Ross has always communicated with me all through the case. She always took the time to hear what I had to say and always was understanding and caring.

Megg Ross was and is the right expert for this case and I look forward to have her by my side through my other case. Once again thank you so so much Megg Ross for all your hard work and communicating. Monaco Solicitors you have an amazing lady working for your firm.

Merry Christmas Megg Ross and a Happy New Year

Kindest Regards
Anna Callus

Anna Callus

We got a much better outcome than we thought possible

I highly recommend Monaco Solicitors to handle your case for the best possible outcome. They are great and Megg especially is the most professional and pleasant person to deal with. Megg communicated with us in a simple way that we could understand, she was very prepared with the case and presented it in such a way that the insurance company couldn’t find anything to say, just agreed with her.

Thanks to Megg and the team at Monaco Solicitors we got a much better outcome than we thought possible. We are thrilled with the care and dedication they provided to us.

Nada Jovanovic

Results came very quickly

Very responsive and great at keeping me updated all the way through my case. Results came very quickly and they were very comprehensive and accurate when representing my case. They always answered my questions and helped me understand the process along the way.

Very happy with this firm and would recommend.

Mario Gomes

I was awarded a payout that was well beyond what I had ever expected

I became a client of Monaco Compensation Lawyers in 2015 after I fractured my lower spine and displaced my coccyx in a workplace accident. The company I worked for, whose revenue for 2014/2015 alone was worth $705 million, refused to take liability, going as far to even use my personal life to discredit my claim. The team at Monaco worked hard to settle this matter on my behalf and I was awarded a payout that was well beyond what I had ever expected.

Monaco has gone above and beyond and I highly recommend them to anyone who has been injured in the workplace. This has been a win for not only me, but for all my co-workers who were never compensated for their injuries because their legal teams didn’t have the experience needed to take on the company and their high-profile lawyers. WELL DONE MONACO.

Jodie Moore

I could not have chosen a better legal team

Everyone I spoke to were professional in helping me through this most trying time. Most of my dealings were through Vanessa and Sam. They knew their job and did it well.

The payout I am due is a reasonable amount and I am most pleased so I thank you all for your good work. I will certainly recommend Monaco to whom ever needs help. I could not have chosen a better legal team.

Robyn Charles

Don't let anyone tell you that a TPD claim is impossible to win

Throughout the TPD process, I have been kept informed as to where my claim was up to and the people couldn’t have been more helpful and understanding. While it has taken a few months (though less than I had expected, as it is in my nature to expect the worst), it has finally come to a successful resolution and I am over the moon.

I still have the workers compensation claim pending, but now that this one is over, I can’t believe how relatively stress free the whole process was. Don’t let anyone tell you that a TPD claim is impossible to win and don’t try to navigate it yourself! You just need a good lawyer and I can’t recommend Monaco highly enough. Thank you to all involved.

Tracey Jeffers

I am so thankful

Monaco Solicitors have been representing me in my Workers Compensation case for about 5 years now and I couldn’t be more satisfied with their performance. This has been by far the most stressful and destructive time I’ve ever experienced. Between the egregious insurance companies, which are protected by existing laws making it practically impossible to ensure they consistently act ethically, and their roster of paid specialists and doctors is a testament to how skewed this sector is.

I’m alone and with my health issues wouldn’t have been able to defend myself, especially when my incident initially happened. I am so thankful for the years of effort the team at Monaco have put in. They have been considerate, thorough and professional. Even at the most trying times.

historypeats

Made my life free from all stress

Kelly was very professional to deal with. My claim was looked after with high standards. I did not have to worry at all Kelly had confidence with her work and she guided me right through the end of my claim. I knew I was in the right hands. It was not easy to take the stress, but Kelly made my life free from all stress.

Norleen Singh

They fought hard to make sure I ended up getting what I was entitled to

A few years ago I was involved in a workplace accident that left me unable to work. I was at a total loss as to what I was entitled to and was referred by a friend to Monaco Solicitors.

The team were extremely helpful and I was shown a great deal of compassion when I explained my ordeal. They have helped me through every step of my compensation case and when I was all but ready to give up they were there to keep me going. They fought hard to make sure I ended up getting what I was entitled to and for that I will be forever grateful.

Jess Want

Extremely compassionate and they got me the best result

I would fully recommend Monaco Solicitors for several reasons. My case involved the death of my husband, so it has been an extremely difficult time for me. My lawyer (Anthony Porthouse) and his team were extremely compassionate and understanding. They kept me up-to-date with the progression of the case and explored every avenue regarding getting me the best result.

Trust was a very important factor and I trusted their judgement completely. I was treated with respect and not made to feel as though I was just another case. If you need a very good lawyer, then I definitely would consider Monaco Solicitors.

Val Hart

Words cannot express my gratitude

Kelly and her team were on the ball from day one. They went out of their way to make this experience as pleasant as possible. The communication from the team was amazing and I was constantly updated with matters concerning my case. Words cannot express my gratitude towards Kelly and her team.

Rachel P

Took all of the worry of my claim away and achieve a very successful outcome

My solicitor Ben and his assistants took all of the worry of my claim away from me (that is the reason that I had waited so long to appeal – as it was just too hard even though I knew I was in the right!!). They kept me fully informed of all developments and achieved what I believe to be a very successful outcome. I would very much recommend Monaco Solicitors for compensation litigation.

Peter Dorahy

My experience was absolutely wonderful

My experience with Monaco Compensation Lawyers (TPD & Superannuation Team) was absolutely wonderful. Especially Ben Ralph, together with Ginan Issa, Joshua Geng and Alvin Ngo, who all demonstrated their professional manner, knowledge of my case, their honesty and took time to explain to me patiently step by step, making it very clear and understandable regarding my claim.

I would highly recommend Monaco Compensation lawyers for any legal matter in this regard. I still have another ongoing claim with another team at Monaco and I assume that they will perform in a similar manner to the TPD & Superannuation Team. A Big thank you to Ben Ralph and Ginan Issa!

Donna Carbery

They got me an excellent result

The girls that managed my case were top of the line, they went far and beyond all the time to help, they got me excellent results in settlement.

I wouldn’t look past these guys, they are the best. Massive thanks to Kelly, Jo and everyone else that managed my case.

Joshua Duck

Won us the compensation we needed to get our life back on track

Amazing. They treated my wife and I with such care and won us the compensation we needed to get our life back on track. They really care about what they do and their clients.

If you want a personal approach and not just another client approach, I have to say they will look after you.

Martin Glennan

It took only 3 months, which is an unbelievably quick timeframe

I am so happy with the outcome of my case. Monaco Solicitors were very professional, and their expertise and knowledge were comforting. Daniella was excellent to deal with. She kept in contact with me on a regular basis with up to date progress on my claim. I would recommend Monaco Solicitors to anyone needing help.

All the team was very happy and helpful and always available to talk with you. My case has just taken 3 months to get an outcome from the time all the paperwork was completed. Which is an unbelievable timeframe. I can’t thank them enough.

Kharli Green

They quickly put our minds at ease

My experience with Monaco Solicitors has been great. From the very first encounter with the company until the present, I have felt that all the staff have been professional, competent and very helpful.

As this was the first time, I have ever needed legal representation, it was initially very nerve-wracking for my wife and I. Kelly Keane and her colleagues quickly put our minds at ease and have always been friendly, helpful and attentive. No question has ever been too much trouble and their communication via phone meetings and emails has been prompt and on point. I would very much recommend the company to anyone!

Andrew Brownlow

My claim was complex, I could not have done it on my own

Ben Ralph; Daniella Dababneh; Ginan Issa were professional; consistent and supportive throughout my claim process. My claim was complex and I could not have done it on my own.

I would highly recommend Monaco solicitors to anyone needing expertise advice. Communication was fantastic and informative. Thank you so much for everything!

Julie Harpur

No question was ever left unanswered and I truly felt like a valued client

No words could be enough to describe how grateful I am to Leon Monaco and to all his team! I found Leon to be extremely professional, understanding, approachable and easy to talk to. Not only is he a brilliant solicitor, with a sharp mind and extraordinary set of skills, he is also a wonderful person.

I have been always kept informed on progress of my case, no question was ever left unanswered and I truly felt myself like a valued client. I should also point that everyone in a team is very helpful, friendly and really client oriented. From the second you walk in into their office you feel that they do care about you, they are ready to help and ready to listen.

Oksana Volohova

I got four quotes and they were the best price

Warren and his team went above and beyond to get me the best result in record time I am sure. I got four quotes and not only were they the best price, they were less than half of one of the firms you always see on TV. Seriously can’t thank these guys enough!

Myles Brown
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4.9
Based on 183 Reviews

Frequently Asked Questions

What is TPD or “Total and Permanent Disability”?

TPD is an insurance benefit attached to your super fund. You’re able to claim if you have an illness or injury that permanently affects your ability to do your job. You most likely have this insurance without being aware of it.

The specific terms of your TPD benefit will be set out in a contract between you and the insurance company. You may have never seen or signed this contract, but it exists as part of your superannuation policy. Our lawyers can help you clarify what your TPD policy sets out, and give you free advice on how to proceed.

Do I have a claim?

If you have an illness or injury which permanently affects your ability to do your job, you may be entitled to TPD.

Some policies define TPD as the inability to do all work, while others allow you to claim TPD even if you can still do some work. This subtle distinction can create challenges.

Unless handled by a TPD law expert, your claim may be defeated. If you’ve got an injury or illness that prevents you from working, contact us today. One of our TPD lawyers can advise you on the spot.

What if I can still do some work?

You don’t necessarily have to be confined to a wheelchair or bedridden to make a TPD claim. Depending on your policy, you may only need to prove that you can’t to do your regular job, or any other job you’re qualified for. For example, if you’ve spent your life working in construction, you may still have a TPD claim even if doctors say you’re well enough to work in an office.

What if I wasn’t injured at work?

It doesn’t matter where your injury or illness happened. You still have a TPD claim even if you were injured outside of work. However, if it did happen at work, you may also be entitled to Workers’ Compensation and other benefits.

What if no one was at fault?

You don’t have to prove that someone else was at fault to make a successful TPD claim. It really doesn’t matter how your illness or injury came about.

What sort of injuries and illnesses are covered by TPD?

Anything that stops or limits you from doing your normal work permanently is included. Common conditions we see frequently include:

  • Back injuries
  • Degenerative conditions
  • Cancer
  • Auto-immune conditions
  • Heart conditions
  • Psychological conditions, including anxiety, depression and mood disorders.

This is not a complete list. If you’ve got an injury or illness that prevents you from working, contact us today. One of our TPD lawyers can advise you on the spot.

How long will my claim take?

This depends on your insurance company and how complex your claim is. Working with a lawyer to prepare your claim often speeds up the process. When claims aren’t prepared properly, insurers can drag them on for years.

We’ve developed procedures to fast-track our clients’ claims. As a result, most of our claims take between 3 to 6 months from lodgement date to completion. Some claims are even approved in under a month.

Could I have more than one TPD claim?

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

Many people aren’t even aware they are insured by multiple super funds. This can happen if, for example, you’ve changed jobs over the years and haven’t consolidated your super. Multiple super fund memberships mean you may have multiple TPD insurance policies.

It’s important to note that success in one claim does not guarantee success in any other claims. Every fund has their own policies, conditions and definitions, and each case will need to be approached uniquely. For example, some funds will have a policy stating that a TPD payment will not be made where a claimant has already been paid a benefit.

An expert in TPD law will uncover all your insurance policies, and help you understand your entitlements. Speak to one of our specialist team today—it’s free and obligation-free.

How much will it cost me?

We offer a No Win, No Fee guarantee, which means it costs you nothing if your claim is unsuccessful.

We will always let you know our fixed legal costs upfront, before we begin work on your claim. There are never any hidden or unexpected costs.

Our professional costs vary depending on the complexity of your claim, but they will never be disproportionate to the amount of your benefit.

Why do I need a lawyer?

Claims prepared without legal representation and expertise can result in significant delays.

TPD claims are like an obstacle course – if you don’t know the course, it’s very difficult to make it to the finish line. Your insurance company will have experienced lawyers on the job. It’s important you have experienced lawyers on your side too.

Here are some of the examples of where legal representation can make a difference:

  • Delay: in our experience, insurers take significantly longer to finalise unrepresented claims. Many of our clients come to us having waited years for the insurer to approve their claim.
  • Medical Evidence: an expert lawyer will assess the particular requirements of your case, including gathering specific medical evidence to substantiate your claim.
  • Analysis of your TPD Policy: like any contract, your TPD policy is open to interpretation. For example, there is more than one definition of ‘permanently disabled’ in the context of work. Some definitions are more restrictive, whilst others are less so. A TPD specialist will be able to tease out the finer legal detail to prepare a case that fits within the definition of your policy.
  • Legal Hurdles: the law around TPD is becoming increasingly complex, making it more difficult for unrepresented individuals to be successful. Some recent court decisions are set out in the question below.

What are some recent court decisions relevant to my claim?

Below are some recent court cases which highlight how difficult it has become for people to prepare TPD claims without legal representation.

  • Sargeant v FSS Trustee Corporation and Metlife Insurance Ltd v Hellessey: the court ruled that an insurance company does not have to accept your doctor’s opinions about your medical condition. Your insurer has the right to challenge your medical reports and obtain their own medical evidence that favours them.
  • Newling v FSS Trustee Corporation and TAL Life Limited v Shuetrim: the court decided that it’s up to you to prove your disablement and raised the bar for what is required. It is no longer enough to simply provide existing medical records: you need to submit detailed and persuasive medical evidence to prove disablement.
  • Newling v FSS Trustee Corporation: The court decided that you can only challenge an unfavourable decision if you prove that the insurer acted unreasonably. This means it’s important to get it right the first time.
  • Carrol v United Super Pty Ltd and Board of Trustees v Gomez: Your insurance company can decline your claim if they show you could retrain for a new job - even if this job is completely unrelated to your previous occupation. If we think there is a risk of the insurer declining your claim on this basis, we get in ahead by obtaining specific medical evidence to address this issue.

What if my claim has already been rejected by my insurer?

Don’t take no for an answer. We’ll provide a free second opinion, and help you dispute the decision. We’re experts in challenging and overturning unfair determinations made by super funds and insurance companies.

Strict time limits may apply to disputing TPD decisions, so talk to our lawyers today. It’s never too late to find out where you stand.

Could I have more than one TPD claim?

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

Many people aren’t even aware they are insured by multiple super funds. This can happen if, for example, you’ve changed jobs over the years and haven’t consolidated your super. Multiple super fund memberships mean you may have multiple TPD insurance policies.

It’s important to note that success in one claim does not guarantee success in any other claims. Every fund has their own policies, conditions and definitions, and each case will need to be approached uniquely. For example, some funds will have a policy stating that a TPD payment will not be made where a claimant has already been paid a benefit.

An expert in TPD law will uncover all your insurance policies, and help you understand your entitlements. Speak to one of our specialist team today—it’s free and obligation-free.

Why is my claim taking longer than estimated?

If you’re unable to work, chances are you’re in a difficult financial situation, and eager to get your TPD claim resolved fast. There are a number of reasons your claim could be taking longer than expected.

Wait period

Before commencing a TPD claim, you typically have to be off work for a designated wait period. This wait period is usually either three or six months, after which you can start your claim.

Delay tactics

In our experience, insurers can use tactics to delay claims and discourage unrepresented claimants from pursuing their entitlements. A dedicated TPD lawyer can help you overcome insurer tactics, meaning that your claim may be paid out sooner.

Unexpected circumstances

There may also be ‘unexpected circumstances’ which prevent a speedy decision.

Under a code called the Life Code of Practice, your insurer is held to mandatory customer service standards. The Life Code stipulates that, from the time they are notified, your insurer has 6 – 12 months to make a decision on your claim.

The only exceptions are ‘unexpected circumstances’. In the event that unexpected circumstances hinder your claim, your insurer is normally required to issue an ‘unexpected circumstances letter’, outlining why they have been unable to reach a decision within the timeframe. At this time, they will also cover the next steps. Your lawyer will be help you understand your rights and the best way to proceed.

Requests for information

When assessing your TPD claim, your superfund or insurer will commonly request additional information. This can include your:

  • Medicare and Pharmaceutical Benefits Scheme (PBS) history
  • Tax and financial documents from the ATO
  • Centrelink documents
  • Medical records or reports from medical professionals

While these documents are not requested in every instance, gathering documents from companies, medical providers, experts and government organisations and can often delay your claim.

To speed up this process, your lawyer can challenge the relevance of the requested documents, or help you procure the documents through other channels.

I don't have adequate cover—could I still have a claim?

In order to pursue a TPD or Income Protection claim, you must have held insurance cover at either the date you last worked, or the date you became no longer able to work due to illness or injury. Generally, the benefit you receive is paid according to that date.

In essence, this means if you were not insured at the time, you may not have a TPD claim. However, there are still circumstances in which you may be entitled to a claim. Underinsurance and TPD is a complex area of law, but a specialist lawyer can help you determine if you have a claim for TPD.

That’s where our free initial consult can help—we’ll investigate your insurance cover, determine whether or not you have a TPD claim, and advise you on your options. If you’re underinsured, unclear about your level of cover, or just want expert advice, give us a call today.

Who pays my compensation?

When making TPD claims, many people are concerned their employer will be liable to pay their compensation. While your employer may have to provide a statement, they are not legally involved in the claim.

In the case of insurance and superannuation claims, it’s the insurer who will pay your benefit. In some instances, this is through your private life insurer, superannuation fund, employer sickness and accident insurer, or even your mortgage and credit card insurers.

The benefit you receive corresponds to the date that you last worked or the date that you first became injured or ill (and therefore unable to work). The lump sum payment will be made into your super account and then, based on your specific payment instructions, released by the Funds Trustee.

Can I access my super account balance early?

When we think of superannuation, we usually think of an account balance paid upon retirement, or after reaching the designated age. However, in particular circumstances, you may successfully apply to release your super account balance earlier.

These circumstances can include, but are not limited to:

  • Financial hardship
  • Compassionate grounds
  • Permanent incapacity
  • Temporary incapacity
  • Terminal illness

In addition, your super benefit can be released early if the money is required for:

  • The cost of medical treatment (provided it is not commonly available in the public health system); or
  • Medical transportation costs (required by either the fund member or their dependant); or
  • Loan repayments (to prevent mortgage sale of property); or
  • Special needs modifications to the home or transport of a severely disabled fund member (or dependant); or
  • Palliative care or funeral expenses of a fund member or their dependant

A claim for early release of super funds is similar to a Total and Permanent Disability (TPD) claim, in that they are both assessed under similar criteria. Namely, that the claimant ceased work due to an injury or illness and, as a result of that injury or illness, is unable to return to any work that is within their education, training or experience.

In order to satisfy the criteria, the Fund’s Trustee requires sign off from two qualified medical practitioners, confirming that you are permanently incapacitated.

At Monaco Solicitors, we focus primarily on permanent incapacity and TPD. Our team are experts at helping clients gain early access to their super in situations where they can no longer work. If you are unable to work due to permanent incapacity or TPD, or you’re unsure of whether your injury or illness qualifies, get in touch today.

For more information on the early release of super funds, head to the ATO online guide.

98% Success Rate

We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.

Why choose our team of TPD Lawyers?

We have the inside track. Our senior TPD lawyers worked for insurance companies before joining us, so we know every strategy insurers will use to obstruct your claim.

On top of your TPD claim, our lawyers will fully consider your legal position and any other entitlements you may have. The result is comprehensive legal advice about where you stand and what additional claims you can bring.

Contact a Lawyer Now

Award-Winning Lawyers

We’re industry leaders in TPD law. In 2020, we were awarded “Compensation Law Firm of the Year in Australia” by Global Law Experts, and “Superannuation Law Firm of the Year” at the Global Business Magazine Awards.

TPD Law Specialists

We have an expert team that deals exclusively with TPD, led by Law Society Accredited Specialists. No matter how complex your claim, we have the expertise to handle it.

Unlock All Your Entitlements

In addition to your superannuation policy, you may have other valuable benefits. We thoroughly investigate all your legal options, often recovering additional benefits.

4.9 Star Google Rating

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating within the industry.

34 Offices Australia Wide

With offices all over Australia, help is just around the corner. Alternatively, we can organise video conferencing, or come to you in person.

Fast-Tracked Claims

Our streamlined procedures mean we lodge your claim quickly, so you get to access your valuable entitlements sooner.

Millions won for our clients

Here are some examples of our firm’s recent wins

$1.2 million

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. We immediately filed a dispute notice to fight the insurer’s decision.

Challenging an insurer is difficult: they are extremely well-resourced and TPD disputes are highly complex. Fortunately, we have a wealth of expertise in disputed claims, and set about implementing a strategy for Pieta.

We obtained a large body of evidence, particularly from medical professionals. We pride ourselves on the depth of evidence we submit – something the insurer themselves commended us on. In the end, we were successful in challenging and overturning the insurer’s decision to reject Pieta’s claim. Both Pieta and our team were delighted.

Pieta was eventually awarded $1.2 million in benefits.

$1 million

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, it seemed unlikely Aaron would be eligible to claim compensation.

Aaron came to us for assistance. We immediately knew his case would prove a challenge. Claims like his rely heavily on solid medical evidence, so we prepared his application comprehensively. First, we engaged a group of leading, independent Medical Examiners to prepare detailed reports on Aaron’s condition. We also paid for an Employability Assessment report – a form of extra evidence most of our clients cannot afford themselves. In many cases, it’s extra evidence like this that will make or break an application.

Our expert contacts and strong knowledge of TPD law means we can often positively influence insurers’ decisions for our clients. As a result of our strategy, we secured a $1,000,000 payment for Aaron.

$525,000

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, Jim came to us for a second opinion. Two obvious challenges presented themselves: it was too late to lodge a claim, and Jim couldn’t legally begin court proceedings against his insurer. Though we knew it would be difficult to secure compensation for Jim, we accepted his case.

Knowing the complexity of TPD law, we assembled an expert team to work on Jim’s case. First, our lawyers reviewed recent court decisions that mirrored Jim’s case. We also used our own experience with similar cases. The insurer, when rejecting Jim’s original claim, had cited 15 reasons. Our submission addressed each of the 15 reasons individually.

Though it had been 13 years since the original decision, we successfully overturned Jim’s rejected claim. Our comprehensive approach turned a seemingly impossible case into a successful resolution. Jim was awarded $250,000 in TPD benefits, as well as an extra $300,000 in accrued interest. His payout totalled $525,000.

$310,000

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 he was ‘unlikely ever’ to engage in any occupation within his education, training and experience.

Though his condition was serious, John’s treating doctors were not prepared to provide clear support for his claim. They suggested John retrain to find other forms of employment. The doctors’ belief that John could retrain gave his insurer cause to decline his claim.

Initially, John submitted his claim without legal help. Only when the insurer was due to make their decision did he seek our assistance. We reviewed the case, noting problems in the submission and insufficient medical evidence.

To help John, we used court decisions from similar cases. We argued that the intention of the TPD policy was improperly considered. It did not require claimants to retrain for a completely different occupation. John’s age and his relative lack of education further strengthened our submission.

In the end, we secured a $310,000 payment for John. This included his TPD benefits and interest accrued as a result of the insurer’s delay in accepting John’s claim.

$180,000

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 over diagnosis, the medical profession is split on these conditions.

When Sarah filed a claim with her insurer for a TPD benefit, we discovered her policy was stricter than most. It required Sarah to prove that she was ‘unlikely ever’ to return to her work.

Given the challenges, our lawyers dug deep – engaging independent medical experts who (despite difficulties in diagnosing Sarah’s condition) were able to provide supportive medical evidence. We also found past court decisions to show Sarah’s condition satisfied the strict definition of the insurer’s policy. In the end, we were successful in securing a $180,000 payout for Sarah.

$280,000

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 claim.

Unfortunately, Alex’s TPD claim proved to be more complex than he’d initially thought. The insurer was relying on evidence from the Workers’ Compensation doctors, who believed Alex could return to work.

With his claim set to be declined, Alex came to us for help. To disprove the insurer’s evidence, we put an extensive strategy in place. This included an Employability Assessment and a meeting with our Independent Medical Examiners. We also found a loophole in the insurance policy, allowing us to have Alex assessed under a different, more relaxed definition. Alex was unaware of this loophole, and his insurer had not informed him.

Our strategy was successful, and the insurer finally accepted Alex’s claim. He was awarded a benefit of $280,000.

$100,000

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 that his policy did not allow claims for psychological conditions. He was required to prove that his physical condition alone rendered him unable to work.

Our team engaged a specialist doctor to assess the extent of Tony’s condition. We also requested his government records. Together, these demonstrated that Tony had been suffering physical injuries for some time. The physical injuries were severe and long-term, and enough to show Tony could not return to work.

Though the claim required a significant amount of work, we were thrilled with the successful result. Tony received a benefit of $100,000.

What to expect
Your TPD Claim Process

  1. Get in touch Talk to one of our lawyers about your situation. Most likely, this lawyer will see your claim through to its successful completion.
  2. We investigate your claim To help us advise you, your lawyer will identify and obtain all the relevant documents for your case. It costs you nothing, and it’s completely obligation free.
  3. We explain your entitlements Your lawyer will give you free advice about what you’re entitled to and the best way to proceed. They’ll also let you know if you have other possible claims, in addition to TPD.
  4. We gather evidence and prepare to submit your claim Your lawyer will collect evidence from third parties to support your claim. This includes doctors, medical specialists, the ATO, WorkCover, Centrelink, and any other relevant sources. We then fine tune your case: preparing detailed legal submissions, completing your claim forms, and sending these to your super fund.
  5. Your TPD claim is successful You tell us how you want to receive your benefit. We make sure that you get your money as soon as possible.

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