Total and Permanent Disability2022-11-28T09:28:10+10:00

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
    insurer.

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

Wages Lost

    Injured in an accident?

    Speak with our team today...

    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

    TPD Claims

    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.

    Australia Wide

    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:

    • AIA
    • AMG Super
    • AMP
    • ANZ
    • Aon Master Trust
    • Australian Catholic Superannuation and Retirement Fund
    • Australia Post
    • Australian Super
    • Australian Ethical Super
    • AustSafe Super
    • AV Super
    • Bendigo Bank Superannuation
    • BHP Billiton
    • BT Superannuation (part of the Westpac Group)
    • BUSSQ Superannuation (Building, construction and civil industries)
    • Care Super
    • Catholic Super
    • CBUS Superannuation(Construction and Building Unions Superannuation)
    • Child Care Super
    • Christian Super
    • ClearView Super
    • Club Plus Super
    • Colonial First State Super
    • Comminsure
    • Commonwealth Bank
    • Crescent Wealth
    • Cruelty Free Super
    • EIS Super
    • Emergency Services & State Super (ESS)
    • Emplus
    • Energy Industries Super Scheme
    • Energy Super
    • Equip Superannuation
    • Equity Trustee Superannuation
    • First Super
    • First State Super
    • Government Employees Superannuation Board
    • Grow Super
    • Guild Super
    • Hesta Super
    • Hostplus Super
    • Hub24 Super
    • IAG & NRMA Superannuation Plan
    • ING
    • InTrust Super
    • IOOF Investment Management/Super (Independent Order of Odd Fellows)
    • LUCRF (Labour Union Co-operative Retirement Fund)
    • Industry Super Funds
    • Kinetic Super
    • Kogan Super
    • Legal Super
    • LESF (Law Employees Superannuation Fund)
    • LGIA Super
    • Local Government Super
    • LUCRF
    • MAP (Medical and Associated Professions Super Fund)
    • Maritime Super
    • Max Super
    • Meat Industry Employees’ Super
    • Media Super
    • Mercer Australia Super
    • Military Super
    • Mine Super
    • MLC (Owned by National Australia Bank – NAB)
    • MTAA (Motor Trades Association of Australia Superannuation Fund)
    • MyLife MySuper
    • Nationwide Super
    • NESS Super
    • Netwealth Super
    • NGS Super
    • Onepath Super
    • Perpetual Super
    • Plum Super
    • Prime Super
    • PSS Super (Public Sector Superannuation Scheme)
    • QIEC Super
    • Qsuper
    • REI Super
    • Rest Super
    • Russel Investments Super
    • Smartsave
    • Spaceship
    • Squirrel Super
    • Stateplus Super
    • Statewide Super
    • Suncorp
    • Sunsuper
    • Super SA (South Australia)
    • Super Safeguard
    • Superestate
    • Tasplan
    • TAL
    • Telstra Super
    • Tidswell Super
    • TWU Super
    • Unisuper
    • VicSuper
    • Virgin Money Super
    • Vision Super
    • WA Super
    • Westpac Super
    • Qantas Super
    • QSuper Insurers
    • Onepath
    • Zuper
    • Zurish
    • TAL Life Ltd Pty
    • Nulis Nominees
    • Metlife
    • Hannover Life

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    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.

    Contact Us Today If You’re Unable to Work

      Injured in an accident?

      Speak with our team today...

      Frequently asked questions

      What if another person drives my car and has an accident?2023-12-15T20:33:39+10:00

      A: No matter who you nominate in your insurance policy as someone with permission to drive your car or how much coverage your car insurance policy offers, you are the one who pays if the driver is at fault in a traffic accident.

      What happens if I have an accident and I’m not insured?2023-12-15T20:33:22+10:00

      A: If you have a traffic accident and you are not insured and deemed at fault by the other driver and their insurer, you will be expected to pay for all damage. This could mean thousands of dollars out of your pocket, so if you believe the traffic accident was not your fault, you better get a PK Simpson lawyer soon.

      What happens if you don’t pay an insurance claim?2023-12-15T20:33:10+10:00

      A: If you don’t pay an insurance claim against you, the insurance company can ask you to pay the debt, and if that fails, they can pass on or sell your debt to a debt collector. Be aware that this debt can affect your credit rating. If you believe you were not at fault and/or were injured, call PK Simpson for advice and help with traffic accident personal injury claims.

      What happens if someone else crashes my car in Australia?2023-12-15T20:32:55+10:00

      A: If you think someone else is liable for the traffic accident, give all the details to your insurer, who will claim any damage through the other person’s insurance. If your car is repairable, most insurance companies organise an assessment and have preferred repairers. Check your policy.

      How do you claim for road traffic accidents?2023-12-15T20:30:51+10:00

      A: Contact your insurer and lodge a claim, giving them your details, the other vehicle and the driver’s details, and tell them what you know about how the accident occurred. In NSW, you can use SIRA’s CTP Connect form or call 1300 656 919 to be connected to CTP Assist or email ctpassist@sira.nsw.gov.au for further assistance. Those in other states can contact their accident authority. Call PK Simpson lawyers if you’re having trouble with the insurers or were injured and need to claim personal injury compensation.

      What do you do after a car accident in Australia?2023-12-15T20:22:04+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 the other parties’ names, addresses, registration numbers, and insurance details and get witness details if possible.

      How long does it take to make a motor vehicle accident compensation claim?2023-12-15T20:23:24+10:00

      A: In NSW, the time it takes to make a motor vehicle accident compensation claim varies depending on the complexity of the claim and the cooperation of the other parties involved. However, most claims take between 1 and 3 years to resolve due to medical treatment.

      Who is at fault in a car park accident?2023-12-15T20:23:59+10:00

      A: In NSW, who is at fault in a car park accident depends on the specific circumstances of the accident. However, there are some general rules that can be applied.

      • Drivers entering or exiting a parking space must give way to vehicles already in the traffic lane. This means that if you are reversing out of a parking space and you hit a car that is driving past, you will likely be found at fault.
      • Drivers must also give way to pedestrians and cyclists when crossing a driveway or exiting a parking space.
      • Drivers must always maintain a safe speed and distance from other vehicles, even in a car park.

      If both drivers are found to be at fault in a car park accident, the liability may be split between them. For example, if two cars are reversing out of parking spaces at the same time and they collide, both drivers may be found to be at fault.

      How long after a car accident can you claim in Australia?2023-12-15T20:24:31+10:00

      A: The time limit for making a motor vehicle accident compensation claim in Australia varies depending on the state or territory in which the accident occurred. In New South Wales, the time limit is three years from the date of the accident.

      How long do you have to make a personal injury claim?2023-12-15T20:29:07+10:00

      A: In general, you have three years from the date of your injury to make a personal injury claim in Australia. However, there are some exceptions to this rule, such as if you were under the age of 18 at the time of the injury, or if the injury was caused by medical negligence. It is important to note that the time limit for making a personal injury claim can be complex, so it is always best to seek legal advice as soon as possible after your injury. A lawyer can help you to understand your legal rights and options and can ensure that your claim is filed within the time limit.

      How much does making a motor vehicle accident compensation claim cost me?2023-12-15T20:30:07+10:00

      A: PK Simpson will fund your claim. Claimants will not have to pay any upfront costs at PK Simpson as we have a no-win/no-fee basis. This means that we only charge fees if you are successful in your claim.