Total and Permanent Disability (TPD) Claims

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What is TPD?

TPD stands for Total and Permanent Disability, and is generally described as a lump sum payment that may be available to you following a severe injury or illness that affects your ability to return to work.

This TPD benefit is available through your superannuation fund or a policy you specifically you purchased commonly referred to as a standalone policy and accessing it can be difficult without utilising the services of an expert.

A TPD benefit can give you the financial support you need to get on with your life.

Frequently Asked Questions

What is TPD insurance?

TPD stands for Total and Permanent Disability. The TPD benefit is usually available through your superannuation fund, or funds if you have more than one superannuation policy. The benefit is payable in the circumstances where a person becomes seriously ill or suffers a substantial injury, which affects his or her ability to return to work.

Unfortunately, most people are not aware of their TPD benefits. Our lawyers are experts and can help you find out if you have a TPD benefit available, so contact us today.

Does my super have TPD insurance?

Most superannuation policies have some kind of TPD cover attached to them. In fact, you may have more than one TPD policy if you are a member of more than one superfund. The level of cover varies from one policy to another. Your funds product disclosure statement (PDS) contains the relevant information about your level of TPD cover.

Unfortunately, accessing your benefits is often not straightforward. There are legal and medical requirements and help from your superannuation fund is often not forthcoming. For these reasons, it is important that you obtain legal advice regarding your benefits as early in the process as possible. Our lawyers are experts and can help you navigate the process of assessing and lodging your TPD claim, so contact us today.

Income Protection and Temporary Total Disability Benefits (TTD)

Some superannuation funds have weekly or monthly payments if you can’t perform your normal work duties for temporary period of time. These are called total or temporary disability (TTD) benefits, salary continuance or income protection payments.

Typically, payments can be up to 75% of your wage plus super and may be able to be paid for up to 2 years. You may even have benefits payable to age 65. It’s not uncommon for payments to go through a qualifying period of 1 – 3 months; meaning it can take a while before your payments actually start.

These payments might stop if your employment is terminated, if you are paid out a TPD benefit, or if you receive a common law lump sum payment of compensation.

Am I entitled to make a claim?

Your eligibility to make a claim will depend on the terms of your specific TPD policy. The policy varies from one superfund to another, however, there are two fundamental requirements in making a claim:

  • You have a serious injury or illness; and
  • As a result of that serious injury or illness, it is unlikely you will return to your job or any other employment bearing in mind your work experience and education.

How do I make a claim - requirements and process?

To make a claim, you need to demonstrate that you are unlikely to ever return to your job (or any other employment you have training and experience in) because of your injury or illness. We usually advise our clients that six months off work is the minimum requirement for making a TPD claim, however, there are always exceptions to this and some claims can be lodged much earlier.

Our experience is that no two TPD claims are the same. The process will usually vary depending on:

  • The amount of TPD cover;
  • The particular injury or illness from which the person suffers;
  • The type of work carried out by the person prior to disablement;
  • The person's age and qualifications;
  • Particular definitions relating to disablement used in the Trust Deed.

Please note that superannuation funds and insurance companies are often not forthcoming with self-represented claimants. We suggest, therefore, that you contact one of our legal experts sooner rather than later - remember your first consultation is free.

As part of our usual process in preparing your claim we will always:

  • Review the Trust Deed and other superannuation documents relevant to understanding the particular TPD policy;
  • Liaise with your medical practitioners and obtain the required evidence;
  • Complete and submit relevant claim forms and medical material to the fund;
  • Prepare submissions in support of your claim;
  • Respond to any follow up queries from the insurance company;
  • Apply for internal review of the claim by the superfund and prepare further submissions in support of the application;
  • Obtain further medical evidence from independent doctors;
  • Prepare court documents in certain circumstances.

TPD specialist lawyers

MCL is one of the leading superannuation/TPD law firms in Australia. Over the years, we have helped thousands of Australians to access their TPD benefits. We have the financial muscle and expertise to take on the big insurance companies.

We provide a 'No Win No Fee Guarantee' for all our superannuation/TPD clients. To speak to one of our lawyers regarding your claim, please contact us today.

How much is the TPD benefit?

The level of cover provided by your TPD benefit will depend on the terms of your specific insurance policy. If you have a successful claim, a TPD benefit is paid as a lump sum.

Once we have obtained all the evidence regarding your policy, we will be in a position to advise the exact amount of your TPD cover.

How long does it take?

Our experience is that most claims take between six and twelve months. However, we have also had many claims determined much earlier. At MCL, we have developed procedures which allow most claims to be fast tracked, so you get to access your benefits sooner.

Our lawyers are always on standby to provide Free Initial Advice regarding your particular policy, so contact us today.

What can be done if the claim is rejected?

If the insurer has rejected your claim, you can request them to undertake a formal review of the original decision. The other option available to you is to appeal your claim through the courts. Over the years, MCL has established a track record of successfully challenging and overturning unfair determinations made by super funds and insurance companies. Our lawyers are experts and can help you appeal any unfair decision, so contact us today.

Why trust MCL with my TPD claim?

MCL is one of the leading superannuation and insurance claim law firms in Australia. Our lawyers are experts at working out the fine print in insurance policies. We can provide you with clear advice and undertake a Free Super Claims Check. We also have the financial muscle and specialised knowledge to take on the big insurance companies and help you regain control of your life when you need it most.

At MCL you will have your own expert lawyer, who will always be available to answer your questions.  Click here to find out more about our 'No Win No Fee Guarantee.' To find out more about MCL and how we can help you, click the following links:

Our lawyers are experts and can help you with every aspect of your TPD claim. So, contact us today.

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