23 April 2021

TPD claims have strict requirements and important conditions that need to be met, so engaging a lawyer can simplify the process, and increase the likelihood of success.

A TPD or total permanent disability claim is a lump-sum payment intended to help support someone who is no longer able to work due to severe injury or illness. This financial safety net is often included as part of the insurance cover with a superannuation account. TPD claims have strict requirements and important conditions that need to be met, so engaging a lawyer can simplify the process, and increase the likelihood of success.

What does lodging a TPD claim involve?

In order to lodge a TPD claim you must first meet the conditions outlined in your insurance policy, which can be difficult to do if you are unsure what those conditions are and how they should be interpreted. You may be eligible for a TPD claim if you can provide evidence that:

  • Your disability is total and permanent
  • You have fulfilled the waiting period requirements (which are different in each case
  • You are not fit to perform a job that you are reasonably suited to by education, training and experience
  • You have lost some independence due to the injury or illness
  • You are complying with medical advice and care

If you can prove the above you should get in touch with a specialist TPD lawyer to assist in completing the required forms and gather evidence of your condition, employment and any other applicable documents. Both the forms and process of gathering evidence can be difficult, complex and frustrating if you don’t have a professional to guide you. 

Benefits of using a lawyer for your TPD claim

Using a lawyer to lodge a TPD insurance claim comes with some significant benefits. The advantages that a good lawyer can provide include:

  • Interpreting the policies of different super funds for you. There is no universal definition of TPD in Australia, which means that each super fund has its own requirements and conditions that need to be met. A lawyer is an expert that can advise you from the outset whether you have a claim and what is required to support it, saving you a lot of time and guesswork, letting you concentrate on your health and recovery.
  • Understanding and fighting for your rights.Entitlements vary based on the fund and the particulars of your condition. It can often be difficult to understand everything that you are entitled to and how to apply for them. A TPD claims specialist can help you maximise your payout and include all the extras that you might not think of yourself.
  • Simplifying the claims process.The TPD claims process can be complex and difficult. The forms can be long and frustrating, the requirements confusing and the evidence difficult to procure, which is why having a lawyer who has done this many times before can simplify the process and reduce the amount of complexity and uncertainty that you have to deal with.
  • Maximising your chances of success.There are many ways that a TPD claim can go wrong including misunderstanding the paperwork, providing insufficient evidence or not knowing your entitlements. A lawyer can guide your claim from the outset, push for settlement and represent you if things go wrong, maximising your chances of a successful outcome.

So, should you use a lawyer for your TPD claim?

While not strictly necessary, using a lawyer for your TPD might be a good idea. Not only will it make your life easier it will also maximise your chance of success and ensure you get paid what you are lawfully owed. From understanding your condition and insurance policy to walking you through the steps of the claim, having a good lawyer by your side can make a big difference.

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