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TPD & Superannuation Claims

Injured or sick
and can’t work?

There’s a really good chance an insurance company owes you money.

You see, most of us have insurance cover called Total Permanent Disability (TPD) built into our Superannuation.

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Frequently Asked Questions on TPD Claims

What is a TPD Claim?

What is a TPD Claim?

If you’re injured or sick and can’t work for any reason then there’s a really good chance an insurance company owes you money. You see, though you may not know it, most of us have insurance cover called Total Permanent Disability (TPD) built into our Superannuation. You may have even taken out your own additional TPD insurance through financial advisors or other institutions, for instance, when you signed up for an Income Protection policy. If you have TPD insurance, you may be able to make a Total Permanent Disability claim subject to satisfying the criteria of been unfit for work under the policy from which you have insurance.

A TPD insurance policy can often be for hundreds of thousands of dollars – and in some cases much more. If you have had to stop work as a result of an illness or injury, then you may be entitled to claim this lump sum TPD insurance through a Total Permanent Disability claim.

What is the criteria for making a TPD claim?

What is the criteria for making a TPD claim?

Super funds use a variety of funds to take out insurance for their members. Because of this, if you have TPD insurance, the criteria for making a Total Permanent Disability claim can vary. However, you can generally claim a TPD lump sum payment if you’re not able to perform your usual job due to injury or illness and can’t return to any other work for which you are reasonably qualified by education training or experience.

This means that much of the time, in order to make a Total Permanent Disability claim you don’t have to be completely unfit for all work – just work for which you were suited to due to your past experiences. So if you can do some work but will require retraining then you may still be entitled to the payment.

Your disability does not have to be work related. For instance, you may still be entitled to make a Total Permanent Disability claim (TPD) if you have a fall at home, a heart condition, disease or mental illness which prevents you from working.

What steps do I have to take to make a TPD claim?

What steps do I have to take to make a TPD claim?

To get the ball rolling, we can perform all investigations necessary to determine any TPD or other insurance entitlements you may have. After advising you of your options, we then may use our technological platform to gather all the evidence we require for your Total Permanent Disability claim (such as evidence from your doctor and the completion of claim forms) in order to give your claim the best chance of success. We will usually create a detailed statement for you setting out your education training and experience. We then review all of the evidence and make submissions on your behalf as to why the insurer should pay the Total Permanent Disability claim.

Once everything is provided, the insurer will determine your Total Permanent Disability claim. It may be that the insurer accepts the claim and payment can be made. If not, we can advise you further as to potential action that can be undertaken which could include:

  1.     Seeking a review;
  2.     Providing further evidence;
  3.     Requesting an informal settlement conference; and/or
  4.     Commencing court action.

Example of a TPD case


James’ Story

James was 34 years of age. He left school at the end of year 10 and qualified as a roof plumber. He worked as a roof plumber until 2002, when he injured his back. After medical treatment he was able to go back to roof plumbing but he still had problems with his back from time to time. In 2011, he injured his back again and this time he couldn’t return to work as a roof plumber.

At the time he stopped work all of James’ work experience had been in manual labour.

James made a Total Permanent Disability claim for $100,000 for TPD insurance under his superannuation fund.

The insurer declined his claim and said that James’ could work (without retraining) as a:

  • Retail Sales Assistant (Hardware)
  • Courier/Delivery Driver;
  • Console Operator; or
  • Customer Service Advisor/Telemarketer.

James had to take his case to Court. The Judge found that as James’ education, training and experience was in manual labour he was not suited to the jobs identified by the insurer. The Judge ordered the insurer to pay James the $100,000, plus interest, and pay his legal costs.

Although James’ case needed to go to court, it is often the case that a TPD claim will be paid out quickly – without the need for Court proceedings.

What Our TPD/
Superannuation Clients Say

Don’t just take our word for it.
Trust the word of the many clients we’ve helped.

  • Schofield King was a wonderful experience for me since I started long time ago. Their service attracted me best ever as like you are treating a family member. I think anyone can go for their service without second thinking.

    Mike TPD Client
  • Again , just wanted to thank Jimmy and his staff at the Narellan office, my case was tended to professionally and with empathy and understanding,  kindness and all done in a timely manner. I would recommend you guys in a heartbeat, cheers.

    Corey Workers’ Compensation Client
  • Thank you so much for everything

    Kane TPD Client
  • My experience with SK Legal has been very impressive, the professionalism in all aspects from their knowledge of legal situations and procedures to their efforts to ensure that I was kept informed as to the status of my case. I have no hesitation or reservations of any kind in recommending this firm to others who seek their advice and services.  

    David TPD Client
  • I would like to thank all the staff for their care in the handling of my case, as at times I felt fragile in health but with the ongoing care and help I managed to navigate my way through always knowing that help was always on hand. Thank you again.

    Denise TPD Client

Christine Neufeld – Senior Lawyer at Schofield King

What Can I Expect From
Schofield King Lawyers?

  • 1 Eligibility

    Let us find out if you’re covered or otherwise eligible for a Total Permanent Disability Claim. We frequently find policies of insurance that people have been completely unaware of. It may also be the case that you have multiple policies through different superannuation accounts. TPD insurance can be claimed in addition to a Workers Compensation payment, Motor Accident compensation and other kinds of compensation. If you’re injured, sick, and unable to work – you may have a claim!

  • 2 Claim

    By engaging Schofield King Lawyers, you are often able to get your Total Permanent Disability claim paid out quickly, and often without a fight from the insurer. However, the fact is that sometimes the insurance companies reject claims we think that they should be paying. We are often able to have the insurer review their decision in your favour without the need to go to Court. We’re also ready to fight your claim in Court should your claim have reasonable prospects of success and we feel it is in your interests to commence Court proceedings.

  • 3 No Win, No Fee

    We offer ‘No Win, No Fee’ and fixed fee costing arrangements for all TPD matters prior to the commencement of any Court proceedings. This means there are no hidden costs, and you have certainty as to what you’ll be paying prior to us running your claim. If your claim needs to go to Court, we offer competitive fair and reasonable cost agreements. We will only ever bill you if your claim is successful and you won’t be asked for any money up front. For more about our Cost promise, click here.

  • 4 Entitlements Paid

    We pride ourselves on giving your claim the best chance of success. It has been our privilege to be able to change people’s lives with our ability to have TPD claims approved. It’s been our pleasure to assist people and it’s rewarding for us to see client’s over the moon with having their entitlements paid out. Take a look at what our clients say!

    Let us do our best to make insurance pay.

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