TPD Lawyers Perth

Total and Permanent Disability (TPD) insurance provides a way to claim superannuation benefits and a lump sum payment if you become unable to work due to total and permanent disability. At Withstand Lawyers, our experienced TPD lawyers in Perth specialise in helping clients navigate TPD insurance claims to secure the compensation they deserve.

If you have a super fund, there is a strong chance you already have TPD cover — and you may not even know it. We can help you check your entitlements and lodge a claim at no upfront cost to you.

What Is a TPD Claim?

A TPD claim allows you to access a lump sum payment from your superannuation fund if you are totally and permanently disabled and can no longer work in your usual occupation — or any occupation you are reasonably suited to by education, training or experience.

Most Australians with a super fund have some form of insurance cover built in. This can include:

Many people are unaware they hold this cover. Our TPD lawyers in Perth will review your super fund, identify your entitlements and manage the entire claim process on your behalf.

What Payout Can I Expect?

The amount you can receive from a TPD claim depends on your policy terms, super fund balance and level of cover. Based on claims we have handled:

Payouts vary significantly between insurers and funds. Our team will assess your full entitlements and fight for the maximum amount you are owed.

Am I Eligible for a TPD Claim?

To be eligible for a TPD claim, you generally need to meet the following criteria:

• You hold a superannuation policy with TPD cover (active or recently lapsed)
• You are unable to work in your own occupation — or any occupation suited to your education, training or experience
• Your disability is likely to be permanent, supported by medical evidence
• You have been off work for a qualifying period (usually 3–6 months, depending on your policy)

Medical evidence is central to every TPD claim. You will need reports from your treating doctors that confirm your diagnosis, treatment history and long-term prognosis. Our lawyers will guide you on exactly what evidence your insurer needs and help you obtain it.

Common conditions that support a TPD claim include:

How Long Does a TPD Claim Take?

The timeline for a TPD claim depends on the complexity of your case, your insurer and how quickly medical evidence can be gathered. Here is a general guide:

1. 1Initial Review (Week 1–2) — We review your super fund, policy terms and medical situation to confirm your eligibility.
2. 2Evidence Gathering (Weeks 2–8) — We collect medical reports, employment records and supporting documentation required by your insurer.
3. 3Claim Lodgement (Week 8–10) — Your completed claim is submitted to the super fund trustee and insurer for assessment.
4. 4Insurer Assessment (Months 3–6) — The insurer reviews your claim, which may include independent medical examinations or further information requests.
5. 5Decision & Payment (Month 6+) — If approved, your lump sum is paid into your super fund and released to you. We handle all final paperwork.

Straightforward claims can be resolved in 3–4 months. More complex cases — particularly those involving insurer disputes or additional medical assessments — may take 6–12 months. Having a lawyer manage your claim from the start helps avoid delays caused by incomplete applications or missing evidence.

How Much Do TPD Lawyers Charge?

At Withstand Lawyers, we handle all TPD claims on a No Win, No Fee basis. That means:

• $0 upfront cost — you pay nothing to get started
• No ongoing fees — we cover all disbursements and medical report costs during your claim
• You only pay if we win — our legal fees are deducted from your payout, so there is no financial risk to you

We provide a clear costs agreement before we begin, so you know exactly what to expect. There are no hidden charges and no surprises.

Can I Return to Work After a TPD Payout?

Yes — receiving a TPD payout does not permanently prevent you from returning to work. A TPD claim is assessed based on your condition at the time of the claim, not a lifetime prohibition on employment.

Many clients recover over time or find they can manage lighter duties or a different type of work. Returning to work after a TPD payout will not require you to repay the lump sum you received. However, it is important to understand:

• Your claim was based on being unable to work at the time it was assessed
• Returning to work does not affect a payout that has already been made
• If you have an income protection claim running alongside your TPD, returning to work may affect those ongoing payments

Our lawyers can advise you on how returning to work interacts with your specific claim and policy terms.

What If My Claim Is Refused?

A refused TPD claim is not the end of the road. Insurance companies reject claims for a range of reasons — many of which can be successfully challenged with proper legal support.

Common reasons for refusal include:

• Insufficient medical evidence to support total and permanent disability
• The insurer argues you can still work in some capacity
• Policy exclusions or lapsed cover
• Administrative errors or incomplete claim forms

If your claim is refused, our process is:

1. 1Review the Decision — We obtain the full claim file and identify exactly why the claim was declined.
2. 2Gather Additional Evidence — We obtain updated medical reports and specialist opinions to address the insurer’s concerns.
3. 3Internal Dispute — We lodge a formal dispute with the super fund trustee and insurer, presenting the strengthened case.
4. 4AFCA Complaint — If the insurer maintains its refusal, we escalate to the Australian Financial Complaints Authority (AFCA) for an independent determination.

Approximately 65% of TPD claims that are initially refused are overturned on review or through AFCA. Having experienced legal representation significantly improves your chances of a successful outcome.

WA TPD Claims FAQ’s

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