If you have stopped work due to a mental illness, you can claim a little known benefit within your superannuation policy called a TPD insurance. TPD insurance covers you when you cannot return to work due to a psychological injury such as PTSD and other serious mental illnesses as well as other major depressive disorders.

If you’ve sustained a mental illness or injury and cannot work, you can most likely make a claim. At PK Simpson, you’re in safe hands with our firm’s team of specialist compensation lawyers.

We can help you receive the TPD entitlements you deserve.

How Do I Know If My Policy Covers Mental Illness TPD?

TPD covers all injuries, whether physical or psychological. More often than not, a physical injury affects your psychological health resulting in mental illness.

Checking your statements can clarify if you have TPD cover but you may also be covered by superannuation accounts that are closed or ones you have forgotten about. We can find all your TPD benefits and make multiple claims for a mental health injury.

If you’re still unsure whether or not you’re covered, get some legal advice from PK Simpson lawyers who are specialists in TPD. And before you make your claim, be sure to call us so we can ensure you have an airtight case, since you will need ironclad evidence to prove you’re unfit to return to work due to your mental health injury.

The bar for evidence of TPD mental illness claims has been set very high, and has led to many such claims often ending up in a dispute. Our experienced and highly skilled superannuation TPD lawyers at PK Simpson know everything there is to know about claims for mental illness. Medical treatment to diagnose your mental health condition and to support the claim is very important. We can obtain the correct evidence to support your claim.

We’re the only TPD superannuation law firm with a client services department whose members are dedicated, 100 per cent of the time, to making sure you are well served.

Mental Illness TPD

What Types of Mental Conditions Are Covered by TPD?

Any mental health condition which prevents you from returning to work can be used to support a claim for TPD insurance. Depression and anxiety are part of the range of illnesses that are part and parcel of PTSD but can also be a single diagnosis.


Depression is a debilitating illness with sufferers experiencing severe or chronic feelings of apathy, sadness, anger, despair and worthlessness, among others. Signs may range from feeling guilt, a lack of motivation, withdrawal, less energy and turning to drugs and alcohol. There may also be suicidal thoughts.


Anxiety includes strong feelings of fear, catastrophising, distress and long-term worry about perceived threats. Sufferers of this mental health condition can show signs of nervousness, panic and agitation, with symptoms including stomach ache, sleeping problems, dizziness, breathlessness and a pounding heart.


PTSD is associated with a spectrum of major stress reactions and mental illnesses that can occur even years after a person has been a victim, was involved in, or witnessed a traumatic event. This can be one event or more, and strong, debilitating feelings of grief, anger and fear, with terrifying flashbacks and nightmares that can last for a long period. This can result in a sufferer being unable to work or enjoy a normal life.

Mental Health and TPD Claims

To make a TPD mental health claim, you must complete a claim form and provide your superannuation fund with further information including financial records, work experience details, education and supporting medical evidence. During this phase, the right advice is crucial to the success of your mental health TPD claim. Having solid legal advice about how to fill out the form will arm you with a stronger case so you receive the TPD compensation you deserve.

A mental health TPD claim for a psychological injury requires very clear and persuasive evidence and is an area that is unfortunately rigorously disputed by superannuation insurance providers. However, while often disputed, case studies show 91 per cent of claims are paid out.

Our experienced TPD lawyers will help you at every stage of the claims process to make sure you have every chance of receiving the maximum payout. Talk to one of our experienced TPD claims lawyers at our PK Simpson law firm today on 1300 757 467 or email inquiries@pksimpson.com.au

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.