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. In order to receive TPD benefits, you don't need to have been injured at work. You could have been injured in a car accident or diagnosed with a serious illness.

Most people aren't even aware that they have TPD insurance through their superannuation.

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

A TPD benefit will 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 when a person becomes seriously ill or suffers a substantial injury, which affects his or her ability to return to work.

Most people are not aware that they have TPD benefits available through their superannuation policy. 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 soon as possible. Our lawyers are experts and can help you navigate the process of assessing and lodging your TPD claim, so contact us today to find out where you stand.

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 limited 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.

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.

This doesn't mean you are unfit for all work. Rather, it means that you are unable to do work that fits your level of skill and expertise.

If you think you have a TPD claim, contact one of our experienced lawyers and we will talk you through it.

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

Monaco Compensation Lawyer is one of the leading superannuation/TPD law firms in Australia. We have a team of lawyers who specialise in TPD claims. Three members of the team are Law Society of New South Wales Accredited Specialist in Personal Injury Law.

In 2018, we were awarded Australian Personal Injury law Firm of the Year in both the ACQ5 Global Awards and the CorporateINTL Global Awards. In addition, in the AI 2018 Global Excellence Awards, we won Most Outstanding Australian Compensation Law Firm

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 6 - 12  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.'

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

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).

4.7 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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