WHAT IS A TPD CLAIM

A Total and Permanent Disablement ("TPD") Claim is a lump sum insurance claim, generally available through your superannuation fund or you may have purchase TPD cover directly from an Insurance company.

You must provide the insurer and your superannuation fund with evidence, such as medical reports from your treating doctors, that supports that you can no longer work in an occupation for which you are suited by way of education, training or experience due total permanent injury or illness.

WKB TPD Lawyers has had significant success in claiming TPD lump sum Insurance benefits against Sunsuper, BT Super, Care Super, QSuper, Cbus, First State Super, Colonial First State Super, AMP, Rest Super, Australian Super, MTAA Super, Host Plus, AIA, LUCRF, TAL, Metlife, ANZ/OnePath, CommInsure, Asteron and several others.

TPD claims can be approved on almost any condition/s that prevent you from returning back to work. These conditions can be Anxiety, Depression, PTSD, Heart, Cardiomyopathy, Parkinson's Disease, Cancer, Shoulder, Back, Leg, Foot, Ankle, Fibromyalgia and Rheumatoid Arthritis, just name a few.

TPD Questions Answered

  • WKB Lawyers will take the stress away from you, so you can concentrate on your treatment. The only thing you will need to do is sign some documents.
  • We have the financial muscle and expertise to fight the big Superannuation Funds and Insurers.
  • All we do is TPD, Death Benefits claims and Will Disputes.
  • We are not a Personal Injury Law firm so no admin costs.
  • One Lawyer handles your file from start to finish.
  • We know the law and can explain it simplistic terms to you.
  • We are on your side.
  • You will love our client service, we will return your call same day, and keep you regularly involved in your case.

Most Superannuation Funds have multiple policy definitions which you can be assessed under depending your injury or illness and functional capacity. 

The typical definitions you may be assessed under are the following:  

1. Standard Definition  

    • Ceased work because of injury or illness;  
    • Have not been able to work for either 3 or 6 consecutive months; and  
    • To prove with medical evidence that you are unlikely ever to return to work that you are reasonably suited to within your education, training or experience.   

2. solely because of an Illness or Injury, you have suffered at least 25% impairment of Whole Person Function and have not been working in any occupation  

3. You cannot perform 2 to 3 Activities of Daily Living (ADL). This definition is difficult to meet, you will need to prove with medical evidence that you need significant assistance with feeding, transferring from one place to another, showering, toileting and dressing 

There are other definitions that you may be eligible for, so It’s very important to contact us for a free consultation to discuss your rights. 

With all TPD claims, you have a right to make a complaint to the Superannuation fund to see if you can overturn their decision. Other options are litigation in the Supreme Court. 

It’s very important to contact us to seek advice and discuss your rights. Please be aware that strict time limitations are in place for all TPD disputes. 

Yes, if you do not meet preservation age. Superannuation funds have a complex formula when it comes to tax on the withdrawal of your TPD and account balance. If you are approved, we will contact your Superannuation fund to request the tax amount.

Yes

If you are successful in making a claim for Total and Permanent Disablement, you will no longer have insurance for Total and Permanent Disablement cover through that policy.  In addition, other forms of insurance that you hold under that policy, such as Death Cover and Income Protection cover, will also cease.

The amount of insurance you are entitled to is based on the amount of cover you had at the date you ceased worked, not the amount of the benefit when the claim is submitted or accepted. The Insurer will work out your cover or benefit based on the date that you last actively worked. If the insured benefit is through your superannuation, the balance of your superannuation fund (your accured balance) is also paid to you upon a successful TPD claim.  This is essentially ‘accessing your super early’ on the basis that you will no longer be making contributions to your superannuation because you are not able to remain in or return to the workforce