Tyla Leo is a Litigation Lawyer and Senior Associate at O’SheaDyer Solicitors Townsville. She practices exclusively in Compensation Claims acting for Plaintiffs.
A TPD Claim is a ‘total and permanent disability’ clam.
If you are unable to work due to an injury or illness and you have total and permanent disability insurance, you can make a claim to your insurance fund for a lump sum payment.
Often people have total and permanent disability insurance cover as part of their superannuation fund. (Though sometimes, it does not form part of a superannuation policy. And there are also situations where people have cover from another insurance policy that is outside of their superannuation fund.)
TPD insurance – if you have it – is a benefit that is additional and separate to the contributions that you made to your superannuation fund during your membership.
Do I have TPD insurance?
You are usually able to check whether you have TPD insurance on your annual superannuation statement or if you are not sure, by contacting your superannuation fund directly.
Every super fund has different requirements and considerations for TPD Claims. You need to be sure that you understand the policy terms of your insurance fund.
Can I make a TPD Super Claim?
You are usually able to check whether you have TPD insurance on your annual superannuation statement or if you are not sure, by contacting your superannuation fund directly.
Every super fund has different requirements and considerations for TPD Claims. You need to be sure that you understand the policy terms of your insurance fund.
Call us so we can identify if you have TPD (Total and Permanent Disability) Insurance.
How do I know if I am Totally and Permanently Disabled?
Each superannuation fund has their own strict policy terms that set out when a person is totally and permanently disabled.
Usually, you must establish that you are unable to perform your usual occupation or any other work that you are trained or experienced in.
Your superannuation fund will carefully consider medical evidence regarding your illness or injury to determine this.
When should I make a TPD Super Claim?
If it seems unlikely that you will return to work, you should enquire about lodging a TPD Claim.
Superannuation funds/insurers often have waiting periods ie. You need to have been off work for at least 6 months. However, this differs for each fund and there may be other requirements that need to be met. For example, some superannuation funds may require that your injury or illness has ‘stabilised’ or reached ‘maximum medical improvement’ before they will consider your claim.
What do I need to do in order to make a TPD Super Claim?
To make a claim, you will usually need to fill out initial claim paperwork. There are several documents that will need to be filled in. If these documents (and the information they contain) are accepted, then the superannuation fund (or insurance company) will request documents (information) to assist them in determining your claim. They may require documents such as:
- Medical evidence including doctors reports, clinical notes and referrals.
- Employment History including reports from your employer and copies of your CV or job history.
Financial Documents such as tax documents, pay slips and Centrelink documents.
Does it matter how old I am?
Your current age and the age at which you were injured or diagnosed with an illness may impact the amount of TPD benefits you will receive.
Generally, the older you are the less the insurance company is required to pay, so it is very make the claim soon rather than later. Starting a claim even a year later than you could have, can impact the amount of insurance money / TPD cover that you will receive.
How long does a TPD Super Claim take?
The TPD Claims process should take roughly six months but it can take much longer than this. This will depend on the complexity of the claim, your policy, and the attitude of the insurer.
Often superannuation funds/insurers attempt to delay claims, particularly if they are considered complex.
How does a pre-existing condition affect my claim?
In certain circumstances, you may be excluded from receiving a TPD payment due to an exclusion. This means you may not be entitled to TPD benefits if you had symptoms of your injury or illness prior to beginning your insurance cover.
Insurance companies refer to this as a pre-existing condition. There are exclusion periods for pre-existing conditions. This means, if you have a pre-existing condition, you can be excluded from claiming for a period of years. (And in some situations, you might be permanently excluded from making a claim.)
What should I do?
Suffering an injury or being diagnosed with an illness is devasting. To top it off, it is often the case that this injury or illness can stop you from working. This is devastating too.
Superannuation claims are not always straight forward and there is often a lot of paperwork involved. If this is daunting, you may prefer to have some someone who is experienced in dealing with these claims handling the matter for you. This allows you to focus on your health.
TPD Super Claims are no win no fee lawyers and have experienced lawyers who work exclusively in this area of law.
We offer personalised service and would love to help you.
We are no win no fee and your first appointment is no charge.
Call us on 47 725 155.
TPD Super Claims – We are no win no fee lawyers.
We are compassionate, experienced and committed to the efficient progression of your claim. Make an appointment to see one of our experienced injury claim lawyers sooner rather than later, to ensure your rights are protected.
