Offering our tips and assistance for TPD Claims
If you have stopped work due to injury or illness, and are unable to return to work within your resume, then you may be eligible to make a TPD claim. If you are in this situation, read our tips and FAQs to see how we can help.
Our Tips
You will need to understand the TPD super claim definition to see if you may qualify. This can be complicated and will require a good understanding before you decide to make a TPD claim.
There are many types of definitions depending on circumstances and your superannuation fund, but most people are assessed under this criteria:
You can request the policy document from your superannuation fund or see my video here.
You must provide the insurer and your superannuation fund with evidence, such as the initial claim form, Certified ID, a signed authority, and 2 medical reports from your treating doctors, that supports that you can no longer work in an occupation for which you are reasonably suited by way of education, training or experience due total permanent injury or illness. In other words, your resume.
The medical evidence should show that you are totally permanently disabled from returning back to work.
The 2 medical reports are very important, they need to confirm you are totally permanently disabled from returning back to work.
You will need to review these once received to make sure all the right boxes are ticked, and is supportive. If the reports do not support TPD, then give us a call on 1800 865 225 to discuss.
Often a lot more information is requested including but not limited to:
If you do not meet preservation age, then you will more than likely pay tax on your withdrawal of super.
Superannuation funds have a complex formula when it comes to tax on the withdrawal of your TPD benefit and account balance.
WKB TPD Lawyers has partnerships with specialised Financial Planners who will provide you with a free consultation, to discuss your tax, Centrelink and/or NDIS options, when withdrawing your TPD lump sum benefit and account balance.
Once the TPD claim is lodged, it can take 6 to 24 months before the claim has been resolved.
WKB Lawyers, have a proven track record to reduce the time frames on your assessment time.
FAQs
A Total and Permanent Disability (TPD) claim is made when a person becomes unable to work due to illness or injury. It provides a lump-sum benefit through your superannuation fund or insurance policy to help with living expenses, medical costs, and financial stability.
Eligibility usually requires that you are unlikely to ever return to work in your previous role or any other role suited to your education, training, or experience. Each superannuation fund and insurer has different definitions, so it’s important to review your specific policy.
On average, TPD claims take between 3 to 6 months to be assessed, depending on the complexity of the claim, medical evidence available, and the insurer's response times. Providing complete information early can help avoid unnecessary delays.
No, you are not required to withdraw your entire super balance. Once the condition of release is met, you may choose to withdraw as much or as little as you need or leave the balance in your fund until retirement.
Tax may apply if you access your superannuation before reaching your preservation age. The tax rate depends on your age and the components of your super balance. Generally, withdrawals after age 60 are tax-free.
Yes. If you have multiple superannuation accounts with separate TPD cover, you may be able to make more than one claim – provided each fund’s policy allows it. Each claim is assessed independently.
If your TPD claim is declined, you have options:
WKB Lawyers can assist at every stage, including challenging unfair decisions.
A wide range of conditions may qualify for a TPD claim, including:
Yes. Most policies require that you have ceased work and been continuously unable to work for a minimum period (usually 3 to 6 months) before lodging a TPD claim. This allows time to assess whether your condition is truly permanent.
Yes. Early access may be available under the following grounds:
Many treating doctors are unfamiliar with the legal and evidentiary requirements involved in superannuation insurance claims. This can sometimes lead to confusion or incomplete reports that may unintentionally impact your claim.
At WKB Lawyers, we’re highly experienced in communicating with medical professionals and clarifying what insurers require under the specific definitions of your policy. We can brief your doctors accordingly and assist them in preparing statements that properly address the legal criteria.
If needed, we also work with a panel of carefully selected independent medical specialists who understand this area of law and can provide additional expert evidence, especially in more complex or borderline claims.
We completely understand the hesitation, especially if you've never dealt with a lawyer before or have had a negative experience elsewhere. But not all firms are the same.
WKB Lawyers is a boutique practice that specialises exclusively in superannuation and TPD claims. This singular focus means we deeply understand the legal and medical complexities involved, and we’ve built systems, relationships, and experience to get the best possible outcomes for our clients.
We offer:
We’re happy to work transparently with clients on fees, but we don’t offer generic quotes without understanding your circumstances first. This is often done some firms to win your business and this may not always be in your interest without knowing your rights.
Before we take on a matter, we assess your individual situation, what stage your claim is at, the strength of your medical evidence, and the amount of work required. Sometimes, it’s a matter of timing, and acting too soon may actually reduce your chances of success.
Once we’ve had an initial discussion, we’ll let you know:
Our goal is to give you the best possible chance of success, not just rush to lodge a claim.
Yes, we assist with these situations frequently.
If you’re working with another firm, we would first encourage you to raise your concerns directly with them. Sometimes, a simple conversation about expectations or communication gaps can resolve the issue.
If the problem persists, or you're feeling unsure about the advice you’ve been given, we're happy to offer a free second opinion. We’ll review your claim and let you know if we think we can help.
Please note if a previous firm has already done substantial work, they may hold a lien over the file – which means they may be entitled to part of the fees from any eventual payout. Some clients are willing to accept this to receive better support and peace of mind going forward. If you do decide to change representation, we’ll explain all costs clearly so you can make an informed choice.
Yes, at WKB Lawyers, we specialise in superannuation insurance law, and we've dealt with just about everything under the sun. Whether its total and permanent disablement (TPD), income protection (IP), death benefits, claims handling delays, outdated policy definitions, or complex legal disputes, we’ve seen it all and know how to handle it. Our extensive experience spans working with and against major superannuation funds and insurers across Australia
Over the years, we've successfully handled claims involving many of Australia's leading superannuation funds and insurers, including:
Superannuation Funds:
Life Insurers:
Our deep understanding of the processes and requirements of these organisations enables us to navigate complex claims effectively, ensuring the best possible outcomes for our clients.
If you have any further questions or need assistance with your superannuation or insurance claim, please don't hesitate to contact our friendly team.
Absolutely. We assist clients across every state and territory in Australia, and your location does not affect your ability to make a superannuation insurance claim or to work with us.
Superannuation and insurance claims (including TPD, income protection, and death benefit claims) are not restricted by state-based laws. What matters is the terms of your policy – not where you or your lawyer are located.
We work with clients every day via phone, email, and video conferencing. Most claims can be run entirely remotely, and we’ll guide you through the process step-by-step, wherever you are.
So whether you’re in Brisbane, regional WA, or a small town in Tasmania – we’ve got you covered.
Start your claims process for free!
Making a TPD claim can seem daunting, but with our help it won’t be. If you have a potential claim, we will then assist in making it and only charge on a no win, no fee basis. Call us now or book your free consultation.