Total and Permanent DisabilityPK Simpson2022-11-28T09:28:10+10:00
Unable to work due to illness or injury?
We are experts in super and TPD claims
What you need to claim
You can claim superannuation and insurance disability payments and death benefits if:
You were working and you suffered from any injury or illness that has prevented
you from working for 6 consecutive months;
A person that you are dependent on (like your partner or parent) dies and you
wish to claim death benefits from the deceased superannuation fund or private
Following the difficult time of a death or disability within your family superannuation and disability insurance benefits may help to ease your financial burden. Individual policies do vary in matters of the level of coverage, the waiting period, and the length of time benefits are payable in. TPD Claim lawyers will be able to assist in making sure you receive the maximum lump sum payout under your benefit.
What kind of compensation can I expect?
Pain and suffering
Future Economic Loss
Experience the PK Simpson difference.
You’re in safe hands with PK Simpson. We can help you receive the entitlements you deserve.
We’re big on keeping our clients up to date and supported throughout a claim. We’re the only superannuation law firm with a client
Heavy machinery, repetition and crushing accident injuries occurring in factories, warehouses and industrial areas
We Pay For All Medical Reports
We maximise results by obtaining required specialist reports.
No Win No Fee*
Where ever and how ever your injury happened it is always worth talking to us. Don’t settle for second best.
Superannuation / TPD specialists
Our friendly team will make sure you’re looked after and every fund you’ve ever been a member of is looked into. You might have more than one claim.
Word of Mouth
67% of our new clients come to us via word of mouth. 33% come to us because they’ve seen our ads.
Injuries occurring in the course of carrying out work as a police officer
Superannuation / TPD (Total Permanent Disability)
A large majority of super funds have lump sum disability and death benefits. Many people are not aware that they can claim TPD insurance in the case of a partial and/or total permanent impairment or injury, ie. that you are unable to work due to any injury or illness. We help Australians, nationwide, claim their TPD benefit.
The general definition that entitles you to a superannuation lump sum benefit is “that you are partially and/or totally permanently disabled and unfit for your old job or any other suitable job that relates to your education training and experience”.
If you are no longer able to work and no longer able to perform all duties of your usual occupation full time, you can claim a lump sum benefit for your total permanent disability in addition to workers compensation or weekly or monthly superannuation payments being paid to you already. For more information or help regarding superannuation payments contact PK Simpson today.
What P.K. Simpson can do for you
PK Simpson can help un-complicate this process for you and ensure that you get the best result possible.
We can help to:
Undertake all investigations to determine the superannuation or total permanent disability benefits that are available to you;
Plan how your case will proceed in order to achieve the best outcome;
Gather the evidence needed for the superannuation or total permanent disability claim (such as from your doctor);
Keep you informed of important developments as the case proceeds;
Make an initial assessment of your superannuation or total permanent disability claim;
Assist you in dealing with powerful opponents such as insurance companies;
Investigate the possibility of resolving your superannuation or total permanent disability claim; and
Make recommendations on court proceedings and settlement offers.
Our experienced TPD lawyers will take the stress out of your hands, whilst still keeping you in the loop about your superannuation or total and permanent disability case. Let us handle everything and make your experience with your superfund an enjoyable one with PK Simpson TPD Claim Lawyers.
We can help Australia Wide
Superannuation Total & Permanent Disability Insurance
Superannuation Funds in Australia
PK Simpson can help un-complicate this process for you and ensure that you get the best result possible.
We can help to:
Aon Master Trust
Australian Catholic Superannuation and Retirement Fund
Australian Ethical Super
Bendigo Bank Superannuation
BT Superannuation (part of the Westpac Group)
BUSSQ Superannuation (Building, construction and civil industries)
CBUS Superannuation(Construction and Building Unions Superannuation)
Child Care Super
Club Plus Super
Colonial First State Super
Cruelty Free Super
Emergency Services & State Super (ESS)
Energy Industries Super Scheme
Equity Trustee Superannuation
First State Super
Government Employees Superannuation Board
IAG & NRMA Superannuation Plan
IOOF Investment Management/Super (Independent Order of Odd Fellows)
LUCRF (Labour Union Co-operative Retirement Fund)
Industry Super Funds
LESF (Law Employees Superannuation Fund)
Local Government Super
MAP (Medical and Associated Professions Super Fund)
Meat Industry Employees’ Super
Mercer Australia Super
MLC (Owned by National Australia Bank – NAB)
MTAA (Motor Trades Association of Australia Superannuation Fund)
PSS Super (Public Sector Superannuation Scheme)
Russel Investments Super
Super SA (South Australia)
Virgin Money Super
TAL Life Ltd Pty
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
Post Traumatic Stress Syndrome (PTSD)
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.
Contact Us Today If You’re Unable to Work
Frequently asked questions
What do you do after a car accident in Australia?PK Simpson2022-04-14T02:15:56+10:00
A: If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
How long does it take to make a motor vehicle accident compensation claim?PK Simpson2022-04-14T02:15:28+10:00
A: Motor accident compensation claims are normally finalised after you’ve recovered, or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.
Who is at fault in a car park accident?PK Simpson2022-04-14T02:15:03+10:00
A: In a carpark, anyone driving in the lanes has the right of way, so if you’re the one pulling out of the car space and hit another motor vehicle, you are likely to be the majority at fault in the accident. However, since both cars are moving, both drivers might hold some responsibility. But if you hit a parked car, you are likely at fault.
How long after a car accident can you claim in Australia?PK Simpson2022-04-14T02:13:58+10:00
A: When lodging a claim for compensation after a motor vehicle accident it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.
How long do you have to make a personal injuryPK Simpson2022-04-14T02:13:24+10:00
A: The length of time you have to make your claim depends on the jurisdiction.
TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
How much does it cost me to make a motor vehicle accident compensation claim?PK Simpson2022-04-14T02:11:17+10:00
A: At PK Simpson compensation lawyers we operate on a no-win, no-fee basis. However, for detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW click on this link.