Total and permanent disability (TPD) claims can often be claimed through your superannuation fund.
The process for applying for a TPD claim can sometimes be exhausting and frustrating. It can be a difficult process to work out super fund policies and many clients are not aware of their rights in making a TPD claim. Did you know that even if your superannuation account has been closed, it may be possible to make a claim. Further, if you have more than one super fund, you might be able to make several TPD claims.
Our lawyers are experts in the TPD claims process. Having an expert act for you will improve your chances of your TPD claim being a success.
Almost everyone who has worked has at least one superannuation fund, and most super funds offer TPD cover. This cover means you can make a TPD claim if you have an injury or illness that prevents you from returning to work.
Several factors are considered when lodging a TPD claim, your ‘work capacity’ being the main factor. Another factor considered is your education, your age, and your work history.
TPD claims are not always straightforward. To be successful in the approval of a TPD claim, the definition of ‘totally and permanently disabled’ needs to be satisfied, which can be found in the policy wording. Most policies are similar, however there are slight variations which can change how the super fund and insurer assesses your total and permanent disability.
Usually, the TPD definition is that you:
- Ceased work due to an illness or injury,
- Did not return to work for a few months (usually 3-6 months),
- Are unlikely to (or unable to) return to work in any occupation that you are ‘reasonably suited to by education, training or experience’,
Our Compensation Lawyer experts review the insurance policy definitions before lodging a TPD claim, which is an important step in the claim process.
Once we have reviewed the policies and determined you are eligible in making a claim, we complete the necessary forms on your behalf. We arrange for your treating doctors and last employer to complete forms and obtain documents from the ATO, Centrelink and Medicare.
Once all the relevant completed forms and documents are obtained, we lodge the application on your behalf to the fund for assessment. The fund may request further clarification from your doctors about your injuries or work capacity. They might also arrange for you to be medically examined by one of their medico-legal doctors. Once all relevant documentation is submitted, the fund then completes its assessment and provides a decision on your claim.
There is generally no time limit in making a TPD claim. So, even if you stopped working some time ago, you should consider investigating and lodging a claim.
Remember, the insurance company’s interests are not the same as yours.
If you would like to discuss your possible entitlements, give Law Advice Compensation Lawyers a call. We will investigate your superannuation and insurance rights and if you have a claim, we will act for you on a “no win, no fee basis”.