Total and Permanent Disability claims

Unable to do your regular work because of injury or illness? We can help you claim TPD through your super fund or insurance policy.

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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 175 Reviews

Frequently Asked Questions

What is TPD or “Total and Permanent Disablement”?

TPD is an insurance benefit attached to your super fund, which you are able to claim if you have an illness or injury that permanently affects your ability to do your job.  Most likely you have been paying for 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 even 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.

Am I eligible for TPD?

If you have an illness or injury which permanently affects your ability to do your job you may be entitled to TPD. However, your eligibility will depend on the terms of your particular insurance policy.

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 distinction might not seem like much, but this difference alone can easily defeat your claim unless handled by an expert in TPD law.

I can still so some work, can I make a claim?

You don’t necessarily have to be in 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. So, 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.

I wasn’t injured at work, can I still claim TPD?

It does not matter where your injury or illness happened or began. You still have a TPD claim even if you were injured outside of work. If it did happen at work, we will also advise you of your workers compensation and other benefits you are eligible for.

No one was at fault, can I still claim TPD?

Yes. 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 & mood disorders .

This is not a complete list, so if you’re not sure contact us and one of our TPD lawyers can advise you.

How long will my claim take?

This depends on your insurance company and the legal complexities of your claim. If your claim is not prepared properly in the first instance, the insurer will often use delaying tactics which means some claims can drag on for years.

Over the years, we have developed procedures to fast-track our clients’ claims. The result is that most of our claims take between 3 to 6 months from the lodgement date to completion, with some claims approved in less than a month.

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. Bear in mind, the insurance company has experienced lawyers on the job, and you are coming fresh to this area of law.

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

  • Delay: if you are unrepresented, in our experience insurers take significantly longer to finalise your claim. 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 and gather the specific medical evidence that clearly substantiates 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 what it is to be “permanently disabled” for 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 for 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 so 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 getting specific medical evidence to address this issue.

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

We will provide a free second opinion on how to dispute the decision. We have a solid track record of successfully 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 as soon as possible. It’s never too late to find out where you stand.

Have a question not answered here?Contact a Lawyer Now

98% Success Rate

We achieve successful outcomes for most of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim, so you get the result you deserve.

Why choose our team of TPD Lawyers?

On the surface, the process of lodging a TPD claim appears straight forward. You don’t need a lawyer for a home insurance or a car accident claim, so why would you need one for TPD?

However, unlike other forms of insurance, TPD involves complex legal and medical questions. Specifically, what does it mean to be “totally and permanently disabled” and what evidence will I need to prove it?

The insurance companies understand how complicated TPD is, so they employ teams of lawyers and their own doctors to dispute TPD claims. Without a lawyer yourself, you’re at a significant disadvantage.

Our team of expert TPD lawyers has the experience to steer your TPD claim through the minefield of medical and legal issues. Many of our team have worked for insurance companies, so they have inside knowledge of the tactics that might be used to decline claims like yours.

With $62 million in successful payouts in 2020 alone, when you put our experience in your corner, your chances of success are that much greater.

Contact a Lawyer Now

Award-Winning Lawyers

We have been recognised as leaders in TPD Law. In 2020, we were awarded “Superannuation Law Firm of the Year” in the GBM Awards. Be confident your TPD claim is in expert hands.

TPD Law Specialists

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

Unlock All Your Entitlements

You may have valuable benefits outside your superannuation policy. Our point of difference is we investigate all your legal options, which often leads to additional benefits being recovered.

4.9 Star Rating on Google

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

34 Offices Australia Wide

With offices all over Australia, we can help you wherever you are. And if you are too sick to travel, we can organise video conferencing, or come to you in person.

Fast-Tracked Claims

We have developed procedures that mean your claim can be lodged quickly, so you get to access your valuable benefits sooner.

Millions won for our clients

Here are some examples of our firm’s recent wins

$1.2 million

Pieta’s claim is rejected by her insurer - she comes to us, and wins

Diagnosed with breast cancer in 2017, Pieta attempted to claim her Total and Permanent Disablement (TPD) benefit through her superannuation. We immediately took formal steps to protect her interests by filing a dispute notice.

Challenging an insurer’s decision can be difficult and most people are not aware of the complexity that underlines the dispute process. In this case, we carefully prepared our client’s application by obtaining medical and other evidence on Pieta’s behalf. Interestingly, eventually the insurer actually commended us on the depth of evidence we submitted on our client’s behalf. In the end, we were successful in challenging and overturning the insurer’s decision to reject Pieta’s claim. We were delighted – and so was Pieta – that we could draw on our expertise with disputed claims to implement a well-planned strategy for our client.

$1 million

Aaron lodges a claim based on a complex and restrictive policy – and wins

After suffering a serious psychological injury, Aaron wanted to claim his TPD benefit via his super fund. However, his policy was very strict and, on the surface, he wasn’t eligible to claim any compensation.

When Aaron came to us, we knew that this wasn’t going to be an easy case to resolve since these types of claims rely so heavily on solid medical evidence. We started preparing a comprehensive claim. First, we engaged a group of leading, independent Medical Examiners to prepare detailed reports on Aaron’s condition. The Monaco team also paid for an Employability Assessment report on behalf of our client. Most people who seek our help cannot afford to pay for extra evidence which, in many cases, can ‘make or break’ their applications. This is where we can use our expertise and contacts to positively influence insurers’ decisions for our clients. As a result of this strategy, our team was successful in securing a $1,000,000 payment for our client.

$550,000

Jim engaged us to review his claim 13 years after his injury – and he still won

Jim suffered a deep psychological injury in 2006 and tried to claim a TPD benefit through his super fund. His application was declined.

Thirteen years later, Jim came to us for a second opinion. We knew that his claim was too late to lodge and that he also couldn’t legally begin any court proceedings against the insurer. It was clear to us, that we would find it very difficult to secure compensation for Jim. However, our team was not discouraged and we accepted Jim’s case, determined to overturn the insurer’s decision. Knowing that the law in this area is very complicated, we assembled an expert team to work on Jim’s case thoroughly – leaving no stone unturned. Firstly, our lawyers reviewed recent court decisions similar to our client’s case. Using our past experience in similar cases, we also put together a detailed submission that addressed all 15 reasons why Jim’s insurer rejected his original claim.

Despite the odds, and even though it had been 13 years since a decision was made, we successfully overturned Jim’s rejected claim. Our comprehensive approach to what could have been an impossible case, resulted in a successful resolution for Jim who was awarded $525,000. He received $250,000 in TPD benefits and an extra $300,000 which was the interest accrued over the last 13 years.

$310,000

John suffers from depression, can’t work and has no support from his GPs

John endured persistent bullying at work and as a result developed feelings of deep depression and anxiety. His condition was very serious. However, John’s treating doctors were not prepared to provide clear support for his claim. In their opinion, he could retrain and find other forms of employment. John’s policy stated that he had to prove he was “unlikely ever” to engage in any occupation within his education, training and experience. This definition allowed the insurer to decline his claim if they if they could prove he could retrain for another occupation.

John had progressed the claim himself and only engaged us towards the end when the insurer was about to make its decision. When we reviewed the case, we soon realised that it was riddled with problems and that the evidence submitted by John from his treating doctors was insufficient to get his claim over the line. We researched the case thoroughly and found court decisions which allowed us to argue that it was not an intention of the TPD policy that John should be required to retrain for a completely different occupation. In this case, our argument turned on John’s age and his relative lack of education, which strengthened our submission. In the end we secured a $310,000 payment for John. This amount was made up of his TPD benefits plus the interest that was accrued as a result of the insurer delaying acceptance of John’s claim.

$180,000

Sarah’s undiagnosed conditions still results in a successful TPD claim

Sarah was a hardworking nurse who suffered from Fibromyalgia and Complex Regional Pain Syndrome. Unfortunately, the medical profession is not completely supportive of these chronic conditions due to a lack of the medical testing procedures used for diagnosing. Sarah’s particular insurance policy also presented us with a challenge. Under the terms of this policy, we were required to prove that Sarah will never be able to return to her job. This definition was tougher to than a more typical one, which requires a person to prove that they are ‘unlikely ever’ to return to their work.

Our lawyers had to ‘dig deep’ and engage independent medical experts who despite difficulties in diagnosing Sarah’s condition were able to provide favourable and supportive medical evidence. We then researched and found court decisions which allowed us to argue that Sarah’s condition satisfied the strict definition of the policy in that she would never be able to her job. In the end, we were successful in securing a $180,000 payout for Sarah.

$280,000

Alex had ongoing physical restrictions as a result of a workplace accident.

Alex lodged a TPD claim himself. We also separately assisting Alex with a Workers Compensation claim. Unfortunately, there were complexities with his Worker’s Compensation claim given that the insurer’s independent doctors believed that he could return to work. The TPD insurer was due to decline his claim relying on the Worker’s Compensation evidence (which they are entitled to do).

Alex was doing the TPD claim himself, he only approached us when his claim was about to be declined. We put an extensive strategy in place (including an Employability Assessment and meeting with our Independent Medical Examiners) in attempts to disprove the other evidence in his claim. We also found a loophole in the policy which meant that he we could have Alex assessed under a different more relaxed definition, which he was not aware of and was something the insurer conveniently missed.

We were happy to be able to help Alex. Our strategy was successful and insurer finally accepted Alex’s claim.

$100,000

Tony struggled with psychological injuries since birth and wanted to claim his Total and Permanent Disablement (“TPD”) benefit through his superannuation.

Unfortunately, his policy contain exclusion clauses excluding any claim for psychological conditions. Tony also suffered from physical conditions but they were not severe enough to prevent him from returning to work.

Tony’s policy was very strict in requiring him to prove that he was unable to work only because of his physical conditions. Even though Tony did not have a specialist doctor, we had him meet with one of our specialist doctors to assess him and eventually give a supportive opinion in his claim. We also requested a copy of his full government records and were able to prove that even though his psychological conditions were not included, he had actually suffered from physical conditions for some time as well.

This claim required a significant amount of work. We were successful in obtaining the full benefit for our client.

What to expect
Your TPD Claim Process

  1. Get in touch Get the ball rolling by telling one of our lawyers what happened. It’s most likely this lawyer will be your main point of contact and see your claim through to its successful completion.
  2. We investigate your claim Your lawyer will identify and obtain all the relevant documents so we can advise you about your case. This is all obligation free.
  3. We explain your entitlements to you You will then get free advice about what you’re entitled to and the best way to proceed. Your lawyer will also let you know if you have other possible claims, in addition to TPD.
  4. We gather evidence and prepare to submit your claim We collect the required evidence from third parties to support your claim. This will include doctors, medical specialists, the ATO, WorkCover and Centrelink and any other relevant source. We then fine tune your case by 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 and we make sure that you get the money as soon as possible.

Work with our award winning team

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