SUPERANNUATION & TPD CLAIMS

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Navigating the world of Total and Permanent Disablement (TPD) claims can be overwhelming, especially when you're dealing with the stress of a serious injury or illness that has taken you out of the workplace. Let's break down the basics to help you understand your rights, the process involved, and how we can help you.

In Australia, a TPD claim can be made by anyone who has sustained an injury or illness that prevents them from returning to work in their usual occupation, or any occupation for which they are suited by education, training, or experience. This claim is made through your superannuation fund. The injury or illness can be physical or psychological in nature. It is not a requirement that the injury or illness occurred at work. 

A successful TPD claim can provide a lump sum payment to you, which is often substantial. You can also seek to release your superannuation early because of medical incapacity. 

The easiest way to check if you have TPD insurance is by logging in to your superannuation member portal and checking whether you have TPD insurance coverage under your "insurance" tab. The value of the insurance will usually be present within the same tab. 

If you cannot locate the insurance tab, you can check your most recent annual statement to identify whether insurance was available as at the last annual statement date. This will usually be in your "correspondence" tab or similar.

You can also check your transaction list to identify whether you have been paying any insurance premiums throughout the year. This is not conclusive as it may indicate that you are paying for other insurances (like Death Benefit or Income Protection) and not TPD insurance. 

If you are still unsure, you can reach out to us for assistance and we will investigate whether you have insurance available. 

It's crucial to seek legal advice as soon as you believe your condition might lead to your permanent departure from the workforce or a departure from the field of work you are normally engaged in. Early legal intervention ensures your case is handled correctly from the outset, increasing your chances of a successful claim. Our lawyers can assist with gathering medical evidence, completing necessary documentation, and communicating with superannuation funds and insurers on your behalf. 

• Maximising Your Claim: Legal professionals can identify and pursue all available benefits you're entitled to.
• Avoiding Pitfalls: The TPD claim process is complex, with strict deadlines and documentation requirements. Lawyers can help you navigate these hurdles, avoiding common mistakes that could jeopardise your claim.
• Stress Reduction: Handling a TPD claim while dealing with a severe condition is stressful. Lawyers can take the burden off your shoulders, allowing you to focus on your health.

Each case is unique and each policy is different but your claim will likely go through the following stages: 

1. Get in touch with our experts. We will explain your potential entitlements to you and take further instructions on your personal circumstances so we can better understand your claim. 
2. We will investigate your claim and liaise with the super fund on your behalf. 
3. We will gather the necessary evidence required to support your claim. This may include obtaining your tax records, Worker's Compensation records (if any), communicating with your treating medical team and obtaining suitable reports detailing your condition and your capacity to work. We may also be required to prepare detailed legal submissions on your behalf to support your claim. 
4. We submit your claim and keep track of it's progress by regularly chasing up the super fund for a response within the prescribed timeframe. 
5. We receive the decision. 

Generally, a claim is completed within 6 months of lodgement to the fund. If your claim is more complex, it can take longer and will depend on your individual circumstances. Your lawyer should be giving you regular updates and keeping you in the loop. 

By understanding the above, you can better navigate the process and ensure you receive the support and compensation you deserve. Always remember, early legal advice can make a significant difference in the outcome of your claim.