TPD Claims & Super Lawyers Brisbane

Brisbane – Total and Permanent Disability Claims

Workers who have suffered an illness, or have had an accident or injury, may be eligible for TPD claims (Total and Permanent Disability) or claims from their Superannuation policy. If the injury or illness has caused them to be unable, for six consecutive months, to do the work they once did, they could be entitled to a TPD payment. At PK Simpson Brisbane we recommend that anyone in this position should check with our specialist Super Lawyers and TPD Lawyers to ascertain whether or not they may be entitled to lodge Super claims or TPD claims. They may be entitled to receive a lump sum TPD payment if they can no longer work in the same capacity as they did before the illness or injury.

Such benefits from Super claims, or TPD claims from a private insurer, can cover debts accrued, medical fees, and provide an income to help as much as possible to restore the person’s quality of life. If a parent or partner (or someone a person depends upon) dies, the person may be able to claim death benefits from the deceased person’s private insurer or make Super claims from their fund to help with any financial burdens. Individual policies vary in their levels of TPD cover, waiting periods, and the length of time in which benefits are payable. So, if you can’t work for the reasons mentioned above, PK Simpson’s TPD claims and Super Lawyers in Brisbane can help make sure you are eligible for and receive the maximum lump sum.

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At PK Simpson Brisbane our TPD claims Lawyers and Super Lawyers focus on keeping our clients up-to-date and supported throughout TPD claims process.

Our expert TPD Lawyers will handle your claims, maximising each one, making sure no stone is left unturned.

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    I Live in Brisbane, Can I Make TPD or Super Claims?

    Yes, if you live in Brisbane or any state in Australia, can make TPD claims, and Super claims be that from a private insurer or Super fund if you can no longer work. You can make TPD claims providing you’ve been employed and have Superannuation cover or private insurance with TPD cover. However, there’s a lot of variation between the different Super funds and other insurers with regard to TPD, and between each policy as well, so it can be complicated when it comes to who can and who cannot submit Super claims and TPD claims. But to be classified as totally and permanently disabled, or TPD, a fund member or policyholder, no matter where they live in Australia, must:

    1. Be classified as incapable, because of illness or injury, to work in any job for which they are reasonably qualified by training, experience or education
    2. Have stopped working as a result of illness or injury
    3. Be aged under 65 years on the date that they stopped work due to the above
    4. Have TPD cover included in their private insurance or Super policy on the date they stopped work.

    You may be able to make TPD claims or Super claims from:

    • Employment Disability Insurance
    • A private Superannuation fund
    • Sickness or Accident Insurance
    • Life insurance
    • Trauma insurance
    • Income protection Insurance
    • Loan protection insurance
    • Mortgage protection Insurance

    The amount you could be entitled to can range from $ to over a million in some cases, but if you’re unsure about anything about TPD claims, or Super claims, contact your Super fund or call PK Simpson and talk to a specialist from our team of TPD Lawyers or Super Lawyers in Brisbane for advice.

    No Win, no fee! At PK Simpson Brisbane we can help you with your Super claims and TPD claims!

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    How do I make TPD claims and Super Claims?

    Specific steps must be taken to lodge successful TPD claims and Super claims and these depend on which Insurance agency or Super fund is handling your policy. It also depends on whether or not your policy covers you for your particular TPD. To increase your chances of successful Super claims for TPD or other TPD claims, you would be well advised to seek legal help because the claims process can be lengthy, and at PK Simpson Brisbane our specialist TPD Lawyers and Super Lawyers can make sure you receive the benefits to which you are entitled. The following are some of the common requirements for making TPD claims, be these Super claims or from another insurer:

    1. Your employment history – Before you can make TPD claims, some policies require you to have had a minimum level of employment.
    2. Waiting periods – To give all injuries, illnesses and symptoms time to stabilise and the full spectrum of damage to be ascertained, some policies ask you to wait for a certain period before lodging Super claims or TPD claims – but it’s important to seek legal help as soon as possible after your injury or illness so you’re ready to lodge your TPD claims.
    3. The level of your disability – When lodging Super claims or other TPD claims, you will likely be asked to show that you have a minimal level of disability which will be considered when ascertaining when you can or cannot return to your previous job, or whether you are able to work at all.
    4. Permanent disability payouts – The amount of money you get from TPD claims and Super claims is usually based on the number of weekly work hours or the total length of your employment.

    TPD Lawyers, Super Lawyers

    It can be stressful, complicated, and confusing when making TPD claims from a superannuation fund or private insurer by yourself, so let our specialist TPD Lawyers at PK Simpson Lawyers in Brisbane be of service. We can also make sure you receive the best possible result from your TPD claims or Super Claims, so it’s essential that you have a legal representative on your side because the law is somewhat complicated. But to protect yourself, make sure you contact us as soon as possible after your injury. PK Simpson in Brisbane has teams of specialist TPD Lawyers who can advise you on Super claims as well as which benefits you can claim, explain the entire process, and also what you can do if claims are rejected. We can make sure you receive the payments to which you are legally entitled from your Super claims or TPD claims from other insurers.

    Is there a time limit to make TPD claims or Super claims?

    Yes, there are time limits in which you can lodge Super claims and TPD claims from other funds or insurers. Therefore, it’s essential that you act as quickly as possible and obtain professional, expert legal advice from our specialist TPD claims or Super claims Lawyers in Brisbane before lodgment. If you are ill and confined at home, our PK Simpson TPD Lawyers and Super Lawyers in Brisbane can mail or email documents to you, so it’s not even necessary for you to meet face-to-face with our TPD and Super Lawyer experts. But it’s important to act quickly and get legal advice because time limits might begin to run out after you’ve stopped working, or in the case of rejected TPD claims, after the date that your insurer or Super fund declined them. PK Simpson TPD Lawyers can re-lodge rejected TPD claims, and Super claims so don’t give up if your claims are denied.

    PK Simpson in Brisbane has teams of specialist TPD claims and Super claims Lawyers on hand with the necessary skills, experience and personnel to manage all TPD claims.

    We also win more than 99 percent of our cases!

    If you have a Super fund or an appropriate insurance policy with TPD cover and you suffer from an illness or have had an injury that stops you from working, you may be eligible for a lump sum payment from Super claims or TPD claims. Contact PK Simpson in Brisbane and talk to one of our specialist TPD Lawyers about TPD claims or Super claims today on 1300 757 467 or send us an email to enquiries@pksimpson.com.au.

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    Superannuation Total & Permanent Disability Insurance

    Superannuation Funds in Australia

    • AIA
    • AMP
    • ANZ
    • Australian Super
    • Australian Ethical Super
    • BT Super (Part of the Westpac Group)
    • Care Super
    • CBUS (Construction and Building Unions Superannuation)
    • Club Plus Super
    • Colonial First State Super
    • Comminsure Super
    • Commonwealth Bank
    • EIS Super
    • Energy Super
    • First Super
    • First State Super
    • Hesta Super
    • Hostplus Super
    • Hub24 Super
    • IAG & NRMA Superannuation Plan
    • IOOF Super (Independent Order of Odd Fellows)
    • LUCRF (Labour Union Co-operative Retirement Fund)
    • Industry Super Funds
    • Kinetic Super
    • Legal Super
    • Local Government Super
    • Maritime Super
    • Media Super
    • Mercer Super
    • MLC (Owned by National Australia Bank – NAB)
    • MTAA (Motor Trades Association of Australia Superannuation Fund)
    • Nationwide Super
    • NGS Super
    • Onepath Super
    • Perpetual Super
    • Plum Super
    • Prime Super
    • REI Super
    • Rest Super
    • Russel Super
    • SA Super
    • Statewide Super
    • Sunsuper
    • TAL
    • Telstra Super
    • TWU Super
    • Unisuper
    • Vision Super
    • Westpac Super
    • Qantas Super
    • QSuper Insurers
    • Onepath
    • TAL Life Ltd Pty
    • Nulis Nominees
    • Metlife

    Superannuation Total & Permanent Disability Insurance

    Superannuation Funds in Australia

    • AIA
    • AMP
    • ANZ
    • Australian Super
    • Australian Ethical Super
    • BT Super (Part of the Westpac Group)
    • Care Super
    • CBUS (Construction and Building Unions Superannuation)
    • Club Plus Super
    • Colonial First State Super
    • Comminsure Super
    • Commonwealth Bank
    • EIS Super
    • Energy Super
    • First Super
    • First State Super
    • Hesta Super
    • Hostplus Super
    • Hub24 Super
    • IAG & NRMA Superannuation Plan
    • IOOF Super (Independent Order of Odd Fellows)
    • LUCRF (Labour Union Co-operative Retirement Fund)
    • Industry Super Funds
    • Kinetic Super
    • Legal Super
    • Local Government Super
    • Maritime Super
    • Media Super
    • Mercer Super
    • MLC (Owned by National Australia Bank – NAB)
    • MTAA (Motor Trades Association of Australia Superannuation Fund)
    • Nationwide Super
    • NGS Super
    • Onepath Super
    • Perpetual Super
    • Plum Super
    • Prime Super
    • REI Super
    • Rest Super
    • Russel Super
    • SA Super
    • Statewide Super
    • Sunsuper
    • TAL
    • Telstra Super
    • TWU Super
    • Unisuper
    • Vision Super
    • Westpac Super
    • Qantas Super
    • QSuper Insurers
    • Onepath
    • TAL Life Ltd Pty
    • Nulis Nominees
    • Metlife

    We are Australia’s Superannuation Total & Permanent Disability (TPD) Claims Experts

    The general definition for total and permanent disability cover is the following:

    “A member ceases to be gainfully employed due to injury or illness for a period of 3 or 6 months and after satisfying the fund that the member is unable to return to their usual occupation or any employment for which they are educated, trained or experienced.”

    Each insurer has their own definition for total and permanent disability (TPD) and within that will define certain words further restricting and tightening the definition. Policies will also set out various definitions of TPD which apply to its members depending on your type of cover.      

    Lost Super Fund Search

    There is over 4 billion dollars of unclaimed super in Australia. Much of this money is sitting in holding accounts managed by the government. How does this affect your TPD? If your superfund account was active at the time you stopped work you could still be covered even if the account is closed. We can make enquiries with the ATO to discover all the superannuation funds you have been a member of.

    Our clients often have more than one superfund which owes them money. Your superfunds won’t tell you to make a Total and Permanent Disability (TPD) claim and many Australians have no idea Total and Permanent Disability insurance even exists, so if you have stopped work due to an injury or illness, contact us to start your superannuation TPD claim.

    Preservation Age and gaining access to your Super

    Once you have reached your preservation age and you have permanently retired, your superfund will release your account balance. The preservation age varies with funds. It can range from 55 to 65 years old. If you have reached your preservation age, your TPD benefit and account balance will not be taxed when released to you.

    If you are under your preservation age when claiming your total and permanent disability benefit a certain lump sum portion will be taxed and portion will be tax-free. The amount you will be taxed can only be calculated by the superfund at the end of a claim.

    It’s important to remember that a Total and Permanent Disability (TPD) benefit is a separate insurance claim which sits separate to your account balance. On approval of your claim, you will have access to your account balance as well as your TPD Insured benefit which is a lump sum amount.

    Can I Make Multiple TPD Claims?

    Unlike other jurisdictions, it is possible to make a TPD claim with multiple superannuation funds with which you have active accounts. Every superfund has a their own unique requirements to satisfy paying out a TPD claim. The dates of insurance commencing, the date of your last day worked, whether or not you had previous injuries or illnesses all come into consideration when preparing a TPD claim.

    Permanent Incapacity Claim vs TPD Claim

    Some people do not hold TPD cover within their super policy. You can still gain access to your account balance by way of a permanent incapacity claim. Special medical reports are still required. Superannuation funds will still assess these claims seriously as these are financial funds they use for investment opportunities.

    I Only Have $20,000 in TPD Insurance. Is It Still Worth Claiming?

    Contact us to find out how you can claim smaller amounts of TPD. Depending on your type of injury and whether you have a workers compensation claim, third party car accident claim, occupiers liability claim or medical negligence claim with us, we’ll be able to assess your situation and give you guidance.

    Psychological injuries resulting in TPD claims

    Psychological injuries are best diagnosed by a psychiatrist. Usually your GP and a psychologist will assess you prior to being referred to a psychiatrist. They will also have a clinical history noting your depression and anxiety and other mental disorders. If your GP doesn’t doesn’t raise the issue, it’s best to raise it with your GP yourself. In Australia, a Mental Health Care Plan allows you to have 10 free visits to a psychologist. Your GP provides a referral for this.

    It’s very important to have the right medical evidence to support your TPD claim. PK Simpson also has access to specialist doctors who can add further support to the medical evidence already compiled.

    Psychological Disorders where we have had successful TPD claims include:

    • Major Depression / Severe Depression
    • Anxiety
    • Post Traumatic Stress Syndrome (PTSD)
    • Paranoia
    • Schizophrenia
    • Bi-Polar
    • Mood Disorders
    • Personality Disorders
    • Substance Abuse Disorders (Alcohol Addiction, Drug Addiction)
    • Panic Disorders (Panic attacks)

    Often, these disorders come in combinations. Many people who have suffered injuries in traumatic accidents or life debilitating injuries will then manifest various types of mental disorders. A good TPD lawyer will be able to identify the signs and symptoms of mental disorders and recommend you attend a specialist to have the condition diagnosed and documented so that the evidence can support your TPD claim.

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      Frequently Asked Questions

      If you haven’t been able to work in your usual job for three to six months due to an injury or illness, you are likely to be classed as TPD.

      Each superfund has their own TPD definition and this must be satisfied for the TPD claim to be approved. Common factors which are assessed in each claim are the members work history (education, training and experience), suitable jobs, and medical evidence.

      Your TPD entitlements are set out in the contract (a.k.a. policy, or product disclosure document) you have with your insurer. Therefore, the definition of TPD will vary between policies and insurers.

      Yes, you can have multiple TPD claims providing your insurance policies or super funds are independent of each other. Bear in mind that, unlike other personal injury claims, when you make a TPD claim, you do not have to prove that the illness or injury was work-related or caused by somebody else.

      A successful TPD claim can never be 100 per cent guaranteed, but you are much more likely to win your claim if you contact a TPD specialist lawyer at PK Simpson to discuss your situation. There is a minimum level of evidence required to support your claim, which must be provided to your insurer and your super fund. This includes your claim form, a signed authority, certified ID, and two medical reports from your treating doctors showing that you can never return to work. These will need to be reviewed by a lawyer to ensure all the correct boxes are ticked, and that the evidence strongly supports your claim for TPD.

      Often, terms and conditions specific to your policy need to be analysed in order to make sure the fund cannot decline your claim.

      Superannuation funds will often require specialist reports. Superfunds do not pay for treatment throughout the claims process. However, PK Simpson pay for all medical reports needed to support your claim.

      Yes, you can. People are now becoming more aware of depression and other mental illnesses, and while there’s a way to go before the stigma is lifted, we’re talking about it more often. Around one in four Australians suffer from a mental illness each year. However, insurers are wary of mental illness disability claims, and it can be quite hard to get cover. But what many people fail to recognise is that the automatic TPD insurance you have through your superannuation fund can pay out much-needed benefits and funds if you cannot work due to depression or any other mental illness.

      Mental illness can often be a lingering side effect of a physical injury, even after full physical recovery.

      Most claims are paid out and finalised within three to six months, but it all depends on how complicated the claim is, and how much good evidence you have about your injuries. There is also the matter of whether you fulfil all the criteria set by your insurer. This is why it’s crucial to have a specialist TPD team on your side when you make a claim for TPD for any reason.

      As lawyers we will make sure your claim is assessed by the superfund in a timely manner. Delay tactics are deployed by funds to prolong and frustrate TPD claimants who are not legally represented.

      Yes, you can. If you’re diagnosed with a serious cancer that has an impact on your ability to work, you may not realise you are entitled to claim insurance benefits through the insurance provided through your superannuation. These benefits may include income protection if your disablement is temporary, and TPD if your condition is long-term and serious. If your condition is terminal, you will be eligible for a terminal illness payment.

      If you or anybody you know has ceased work due to illness or injury and they cannot return for at least six months they could be eligible to claim TPD benefits. Call PK Simpson specialist TPD lawyers today on 1300 358 057 or email inquiries@pksimpson.com.au.