Total and Permanent
Disability Claims (TPD)

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Frequently Asked Questions

Am I eligible for TPD?

You are eligible if you become permanently unfit for your regular job because of illness or injury. Generally, it doesn’t matter how your injury or illness came about, just that you can’t do your usual job, or any other job for which you are qualified, or have the skills or experience.

Remember, you don’t have to prove you are completely disabled or that someone was at fault.

We usually advise our clients that 3 to 6 months off work is the minimum requirement for making a TPD claim. However, there are exceptions to this so we might be able to lodge your claim earlier.

Do you offer No win, No Fee agreements?

Yes, we do. We believe everyone is entitled to legal representation no matter what your financial situation, so we offer a free initial consultation and a No Win No Fee guarantee. No Win No Fee means you don’t have to pay any legal costs unless your case is successful.

And, unlike most other law firms, with us there is:

  • A fixed fee on all superannuation and insurance claims so you’ll know exactly what to expect.
  • No upfront charge for any expenses.
  • You don’t pay anything if we’re not successful

Do I have to pay anything if I lose my claim?

No, you don’t. If we are not successful, then you owe us nothing.

Can I still claim if I’m not totally disabled?

Yes, you can. You don't have to be in a wheelchair or completely bedridden to make a TPD claim. You just have to prove to the insurer that you are unable to do your regular job, or one like it with your education, training and experience. So, for example, if you have spent your life working in construction, you still have a TPD claim even if the doctors say you are well enough to work in an office.

What types of injuries and illnesses are considered a total and permanent disability?

Any injury or illness that means you have to stop work and can't return to your normal work in the future.

Some of the types of illnesses and injuries we see frequently include:

  • shoulder conditions
  • heart conditions
  • cancer
  • anxiety
  • depression
  • stress

If you’re not sure, contact us and one of our lawyers will be able to help you understand where you stand.

How long does a TPD claim take?

This depends on the insurer, the benefit amount and the complexities of your claim. Generally, claims take between 3 to 6 months after lodgement, but we have had some of our TPD claims accepted in less than 4 weeks.

Our specialist lawyers have developed procedures which allow your claims to be fast-tracked through the system.

Where do I find my disability policy?

A recent member statement from your super fund will tell you what current TPD insurance cover you have. If you have a private life insurance policy, look in your policy schedule to confirm your cover.

Our Lawyers are experts at this so contact us for a free consultation, and we will be happy to help you find out what cover you have.

Do I need a lawyer for a TPD claim?

It’s in your best interest to get a legal expert to navigate this tricky area. Super funds and insurers make it difficult for self-represented claimants to get the benefits they’re entitled to. Sometimes they practice delaying tactics. They may also reject your claim on unfounded reasons. If you have one of our expert lawyers representing you, we can cut through all this and get you the entitlements that you deserve. Our lawyers will make sure that:

  • You’re aware of all your potential disability benefits
  • You maximise your claim
  • You don’t have the stress of dealing with large institutions. If we run the claim for you, we deal with the doctors, ATO, Centrelink and your workers comp insurer on your behalf

Why should I trust you with my TPD claim?

As winners of “Personal Injury & Superannuation Law Firm of the Year in Australia”, you can trust that you have one of the best insurance and superannuation law firms in Australia working for you.

  • In 2019 alone, we earnt our clients $49 million in insurance and super claims.
  • Over 20 years experience in the industry, means we know how to fast track your claim and get your benefit to you and your family as soon as possible.
  • Our reputation for being tough, experienced and well-prepared means that the insurance companies are more likely to take your claim seriously, and pay you maximum entitlements.
  • Just about all our lawyers have worked for insurance companies, so they’re prepared for the tactics insurers might use to reject your claim.
  • With us, you have your own lawyer the whole way, guiding and supporting you through the entire process so you can step back and concentrate on getting well.

We’ve got what it takes to get you back on track. But don’t just take our word for it, check out our google reviews or watch what some of our clients say about us.

What happens if my claim is rejected? (disputed claims)

If the insurer has rejected your claim, we are happy to provide a free second opinion on your prospects to dispute the decision. We have a track record of successfully challenging and overturning unfair determinations made by super funds and insurance companies.

Almost all of our superannuation team lawyers have experience working for the insurers and super funds, so we have inside knowledge on the strategies used to reject claims.

Strict time limits may apply to dispute TPD decisions so contact us for a free consultation as soon as possible.

What should I expect?

  1. You get in touch for your free initial consultation

    We'll hear what’s happened to you and get the details we need to start investigating your policy.
  2. We'll investigate your policy

    We’ll get all the details of all your super funds and insurances, and you’ll give us the authority to make enquiries about your insurance cover on your behalf and get the documents to lodge a claim.
  3. Attend your free initial appointment to understand your entitlements

    Once we get the details of your cover, we meet with you to discuss your policy benefits and get detailed evidence about your injury or illness. At this point, we would also give you a quote for the work and explain our No Win No Fee agreement.
  4. We'll obtain further evidence in support of your claim

    Once you’ve signed our No Win No Fee agreement, we’ll start getting evidence from 3rd parties such as Income Tax Returns, WorkCover, Centrelink and further medical reports from your doctors.
  5. We'll submit your claim

    Once the questionnaire has been returned to us, we will review the document and start drafting detailed legal submissions to the fund and insurer to support your claim. We'll also complete all claim forms on your behalf and send them to the fund together with submissions and evidence in support of your claim.
  6. You might need to attend an independent medical examination

    If you are, you’ll be asked about the history of your injury or condition. This will include questions about your work history and previous medical history. If you need an interpreter, we will organise this for you.
  7. Your case will be resolved

    We will let you know that your claim has been successfully resolved. You can tell us how you want to receive your benefit and we’ll make sure that you get the funds as soon as possible.

    If your claim is declined, your claim will be reviewed by a lawyer and we'll talk to you about further action you can take.

10 Reasons To Choose Us

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury and Superannuation Law Firm of the Year 2018 in Australia (CorporateINTL Awards).

4.8 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.

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 43 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in Superannuation/TPD claims

At Monaco, our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Superannuation/TPD claims, headed up by an Accredited Specialist. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

Don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

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