Total and Permanent
Disability Claims (TPD)

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Frequently Asked Questions

I’m not totally disabled, can I still claim?

You do not have to be in a wheel chair or completely bedridden to make a TPD claim. We just have to prove to the insurer that you are unable to do your normal job, or one like it within your education, training and experience.

Where do I find my disability policy?

If you are a member of a superannuation fund, most provide disability insurance cover to their members. Therefore, the first place to check is your superannuation.

You may have your own life insurance policy, disability insurance or mortgage insurance. All of these often result in substantial insurance coverage in the event of disability.

Our Lawyers are experts and can help you find out if you have any disability insurance available, so contact us today.

What if I can’t work for a limited period of time?

Some superannuation funds have weekly or monthly payments if you can’t perform your normal work duties for a limited period of time, be that two months or two years. These are called Total and Temporary Disability (TTD) Benefits, Salary Continuance or Income Protection Payments.

To find out more about making a TTD or Income Protection Claim email us or contact one of our lawyers direct on 1300 769 665 for a free initial consultation.

Am I entitled to make a claim?

Remember, you don't have to show that someone was at fault to make a TPD claim.

Your eligibility to claim depends on the terms of your specific TPD policy and each policy varies between each superannuation fund or insurance company. However, there are normally 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 jobs for which you have training and experience.

This doesn't mean you are unfit for all work. Rather, that you are unable to do work that fits your level of skill and expertise. So, for example, if you have only ever done manual work, you may be able to access a TPD insurance benefit even if doctors think you’re fit enough to do an office job.

If you think you might have a TPD claim and wish to discuss further, contact one of our experienced lawyers for a free no obligation consultation.

How do I make a claim - requirements and process?

To make a claim, you generally need to demonstrate that you are unlikely to ever return to your job, or any other job 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 you suffer;
  • The type of work carried out by you prior to disablement;
  • Your age and qualifications;

What will MCL do for me?

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

  • 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 where necessary.

How long does it take?

Our experience is that most claims take between 6 - 12 months. However, we have also had many claims determined much earlier. At MCL, we have developed procedures which allow 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, we 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?

An internationally acclaimed Compensation Law Firm, Monaco Compensation Lawyer is one of the leading TPD law firms in Australia. With an experienced team of lawyers specialising in TPD claims, over the years we have helped thousands of Australians to access their entitlements.

Our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer up your maximum entitlements. Twenty years in the business means we know how to fast track your TPD claim and get your benefit to you as soon as possible.

In addition, prior to working for MCL, almost all of our claims team worked for insurance companies, giving them valuable insight into the tactics insurers and super funds sometimes use to try to reject your claim.

At MCL you will have your own expert lawyer, who will always be available to answer your questions.  Real people, delivering real results.

Find out more about us:

To speak directly to one of our lawyers regarding your TPD claim, and to get advice on any other benefits you may be entitled to, contact us today.

How much will it cost?

We understand that most people who make superannuation and insurance claims are in a difficult financial position. So, MCL has developed a special payment option for our insurance/superannuation clients which includes:

  • A ‘No Win No Fee Guarantee;’
  • Free advice at your initial consultation;
  • No upfront charge for any expenses;
  • A fixed fee on most superannuation and insurance claims.

10 Reasons To Choose Us

No Win No Fee Guarantee

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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