TPD Lawyer explains TPD claims
If you’re unable to work due to injury or illness, you may be entitled to make one or more TPD (Total, Permanent and Disability) claims through the superfund you were a member with at the relevant dates.
Read on for a comprehensive TPD lawyer overview of TPD claims which does not differ regardless of what state or town you are from, including eligibility criteria, the claims process, and how we can help you get the best outcome.
Our TPD lawyers can help you claim the maximum possible payout.
You may be entitled to:
TPD is an insurance that is a lump sum benefit that is paid if you meet the terms and eligibility of the policy you are member of at the time. Its only relevant if you suffered an injury or illness that prevents you from working. The injury or illness can be a physical injury or a psychological illness or chronic health condition and does not need to be work related.
TPD claims can be made by anyone who has a TPD policy and satisfies the definition and criteria of that policy.
When does the TPD insurance cover need to be in place?
Do you have insurance cover at the relevant dates? Don’t worry if you don’t have insurance now. What matters is when you ceased work and what the cause of you ceasing work was.
We can look into this if you are unsure or don’t know how to identify which insurance policy you had in place at the relevant date which will help determine whether or not you are eligible. That’s what our TPD lawyers can help you find out during our free claim assessment.
Our experienced TPD lawyers can look into your fund’s policy and advise you about whether you meet the definition of TPD (according to your specific policy TPD definition) and whether you had cover as of the date you last worked. Contact our TPD team on 1800 952 898 to speak to one of our TPD lawyers today about a free claim check.
What are the most common TPD claims?
Injuries or illnesses that are preventing people from work are the most common reasons why people make TPD claim. By making a TPD claim it doesn’t affect another compensation entitlement you could be entitled to make as its different. We have many clients who have received a payout for their car accident related injuries and a TPD payout at the same time. Each claim is separate from the other. the most common reasons include workplace injuries, motor vehicle accident and illnesses such as cancer or heart disease. It is important to understand that TPD claims can also be made for mental health conditions such as anxiety and depression.
How can I make a TPD claim?
Each superannuation fund has its’ own TPD claims process.
If you had TPD insurance at the relevant, your policy will outline what the requirements are to make a claim and this usually involves completing the necessary forms and obtaining relevant supporting medical documents before the fund makes an initial assessment. The superannuation fund will then provide your TPD claim to the insurance company who will assess your claim and make a decision.
To get your TPD claim approved you will need to:
- Complete the application as thoroughly as possible;
- Provide all documents in support of your claim, including but not limited to clinical notes, medical reports, financial documents and your worker’s compensation file (if relevant).
- Include medical evidence explaining why you are unable to work in any jobs that you may be reasonably suited to by your education, training and experience.
Since our TPD lawyers have successfully lodged many TPD claims on behalf of our clients, we know what the insurer is likely to request in advance, therefore avoiding the lengthy and time-consuming back-and-forth process with the fund to help you to get a successful outcome quickly.
Determining whether you satisfy the TPD definition in your policy can be difficult, particularly if you are already struggling with physical and/or psychological symptoms. If this is you, or you would like some FREE advice regarding:
- your eligibility to make a TPD claim;
- making a successful TPD claim; or
- challenging a refused/denied TPD claim
Call our TPD lawyers on 1800 952 901. We have experience with hundreds of TPD claims and therefore, are familiar with the TPD claims process and what is required for you to make a successful TPD claim as efficiently as possible.
TPD payout amounts
TPD insurance benefit depends on which superfund your with, your age and what cover you applied for, whether automatic or top up. Amounts typically range between $40,000 and $350,000, with a significant number of payouts being over $100,000.
Your superannuation policy may also include the ability to claim Income Protection, Accident and Trauma or Life Insurance benefits to receive these benefits as a lump sum. Speak to us about how to maximise your benefits now- 1800 952 901.
TPD claim processing times
Although there are no regulated time frames which the insurer must abide by, TPD claims decisions are usually made within 3-12 months after the lodgement of all relevant supporting documents, provided the documents are correct. A significant number of our client’s get a decision within 2-4 months however there are some circumstances where the decision might come earlier or later. A decision may be sooner if you are suffering from a terminal illness or the insurer has been provided with a thorough application with all relevant documents.
If you have lodged a TPD claim and it has taken longer than 3 months to get a decision, get in touch with us to investigate the reason behind it.
How much do lawyers charge for TPD claims?
How much lawyers charge for TPD claims depend on their cost agreement. That’s why different lawyers charge differently for TPD claims. However, you do not have to pay for out of pocket expenses with us, Withstand Lawyers because we work on a ‘No Win No Fee’ basis. That means you don’t pay our firm anything unless we are successful in obtaining you a successful outcome. We also pay out of pocket disbursements to fund your claim.
Frequently Asked Questions
TPD claims can be denied for one or more of the following reasons, if you:
- Don’t meet the disability outlined in your policy
- have an inactive or invalid policy
- haven’t provided convincing medical evidence to support your TPD claim
- haven’t met work history requirements
- failed to disclose pre-existing injuries
- have errors or inconsistencies in your evidence
Remember that these reasons depend on your insurer policy, circumstances and medical evidence. They may not be entirely accurate for your claim. You may feel that you have provided all the evidence you could obtain, but it might still not be enough for your insurer to move forward with approving your claim. As your insurer makes the decision, this process can be frustrating.
If your claim is denied, reach out to one of our TPD compensation lawyers who will help you navigate your way through.
There are options to dispute the insurer’s decision if your TPD claim is denied. Insurers sometimes make incorrect decisions, and you are entitled to ask them to review their decision. If your insurance claim is refused, it does not mean that they are correct or that there is no one else that can decide. If you think that the final decision on your claim was unfairly made, you can submit a formal complaint to your insurance or superannuation provider to apply for a review. You can also make a complaint to the industry tribunal or financial ombudsman service. We recommend you contact our highly experienced TPD lawyers to understand your position and give you the best advice on moving forward.
Yes, however, it is important you understand the basis of you receiving a TPD payout is that you have through evidence been able to establish that you are unlikely to ever return to work. However, that does not mean that if you recover from your injury, whether physical or psychological through treatment or a period of time of good recovery that you are necessarily barred from returning to work because you received a TPD payout. The evidence relied upon was at the time of the assessment and/or at the time of the claim. Where this has not resolved your doubts, our highly experienced TPD lawyers at Withstand Lawyers are more than happy to guide you through what is often regarded as a difficult period in your life after an injury or illness whether its physical, psychological or in may circumstances, unfortunately, both.
If you sustained a serious illness or injury which left you unable to continue to work, you may claim TPD compensation from your superannuation fund, depending on your individual policy. TPD benefits will not be automatically granted, you will need to make an official claim to your insurer explaining your situation and presenting necessary evidence. You should be able to medically prove that your situation qualifies for receiving payout by firstly getting a medical certificate from an approved specialist. You should also provide details of your occupation, payrolls, and other relevant documents explaining why you will not be able to perform your job due to your injury. With all these documents, a claim form should be filled out and submitted to the insurer in order to commence a TPD claim.
Different types of cancer can substantially affect a person’s life especially when it is left untreated until advanced stages. If you believe you will not be able to work due to your cancer, you can consult our TPD claim lawyers and they can assess the eligibility of your case for making a claim. The scope of your superannuation policy and the medical reports of your illness will be crucial in determining your eligibility.
When making a TPD claim, you will need to provide medical evidence to support your claim. You should also cross-check the policy and inform doctors and other medical practitioners about the definition of your policy. You should also inform your doctor if there are any other barriers that could be preventing you from being able to work. Also, you may need to include evidence relating to your education, training and work history to prove that you cannot perform any other jobs that you have worked previously that the superannuation company might consider suitable for you after the injury.
In the event that you are a member of more than one superannuation fund at the time that you have suffered your medical illness or injury, you are indeed able to claim a TPD benefit from each superannuation fund provided you were a member with that superfund at the time of your injury or illness. This is also on the premise that the insurance policies contained within both superannuation funds expressly state that they provide TPD benefits in their cover- so it is very important to check whether you would be covered or not in the event of a illness or injury. As this can be quite confusing, do not hesitate to contact Withstand Lawyers where we break it down for you in simple terms and ensure we can provide you with the best possible outcome.
Get a free TPD Claim assessment!
I want to claim TPD – how will I know I am eligible
In our free claim assessment we will:
Is it worth using a TPD Lawyer for my TPD claim?
TPD benefits are usually claimed once in a lifetime, which means it is probably your first time claiming TPD. The success of a TPD claim depends on understanding the fine print in your policy regarding your eligibility, whether your circumstances apply to the policy when you stopped working and the facts and evidence relied upon.
That’s why choosing the right TPD lawyer in NSW is essential to the success of your claim. Its important to choose a lawyer who has experience with TPD claims and who has a proven track record od success, like us!