TPD Claims & Super Lawyers Perth
Perth – Total and Permanent Disability Claims
You may be entitled to make TPD claims (Total and Permanent Disability) either through your private insurer or Superannuation policy if you’ve suffered an accident or injury that prevents you from working. You may be eligible for TPD claims or Super claims as long as you have TPD cover. If the injury or illness has caused you to be unable, for six consecutive months, to do the work you did before the onset of illness or the accident or injury, you could be entitled to a TPD lump sum payment. At PK Simpson Perth we recommend that anyone in this position should check with our specialist Super Lawyers and TPD Lawyers to find out whether or not they may be entitled to lodge Super claims or TPD claims. They may be entitled to receive a TPD payment also if they can no longer work in the same capacity as they did prior to the illness or injury.
Such benefits from Super claims, or TPD claims from a private insurer, can cover medical fees, debts accrued, and supply an income to help as far as possible to restore the person’s quality of life. If a parent or partner (or someone upon which a person depends) 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 financially. Every policy varies in the 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 outlined above, PK Simpson’s TPD claims and Super Lawyers in Perth can be of service and make sure you are eligible for and receive the maximum lump sum payments to which you are entitled.
At PK Simpson Perth our TPD claims Lawyers and Super Lawyers focus on keeping our clients up-to-date and supported throughout TPD claims process.
Our expert TPD claims Lawyers will handle your case, maximising each claim, making sure no stone is left unturned.
What sort of compensation can I expect?
I Live in Perth, Can I Make TPD or Super Claims?
Yes, if you live in Perth or in any other state of Australia, you can make TPD claims, and Super claims from a private insurer or Super fund if you can no longer work. You can make these TPD claims providing you’ve been employed and have Superannuation cover or private insurance with TPD cover. However, there can be a huge variation between the different Super funds and insurers concerning TPD, and also between each policy, so it can be a complicated process when it comes to who can and who cannot submit Super claims and TPD claims. However, to be classified as totally and permanently disabled, or TPD, a fund member or policyholder, no matter where they live in Australia, must:
- Be classified as incapable, because of injury or illness, to work in any job for which they are reasonably qualified by experience, education or training
- Have completely ended their employment as a result of illness or injury
- Be aged 65 years or under on the date they could no longer work due to the above
- Have TPD cover in their private insurance or Super policy on the day they stopped working.
You may be able to make TPD claims or Super claims from:
- A private Superannuation fund
- Employment Disability Insurance
- Sickness or Accident Insurance
- Trauma insurance
- Life insurance
- Income protection Insurance
- Loan protection insurance
- Mortgage protection Insurance
The lump sum payment you could be entitled to receive can range from $10,000 to over a million in some cases, but if you’re unsure about anything to do with 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 Perth for the best professional advice.
No Win, no fee! At PK Simpson Perth we can help you with your Super claims and TPD claims!
Wherever and however your injury occurred, it’s worth talking to us – You’re in safe hands with PK Simpson TPD claims Lawyers- Never settle for second best
How do I make TPD claims and Super Claims?
There are specific steps you must take to lodge successful TPD claims and Super claims, and these depend on which Insurance agent or Super fund you have chosen. Your success can also depend on whether or not your policy covers you for your particular TPD. Your chances of successful Super claims for TPD or other TPD claims will be increased if you seek legal help because the claims process can be lengthy, stressful, and confusing. At PK Simpson Perth, 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 more common requirements for making TPD claims, be these Super claims or from another insurer:
- Your employment history – Before you can make TPD claims, most policies will need to be shown that you have had a minimum level of employment.
- Waiting periods – So that all injuries, illnesses and symptoms have enough time to stabilise and the whole damage to be ascertained, some policies ask for a waiting period before lodging Super claims or TPD claims – but it’s crucial that you seek legal advice as soon as possible after your injury or illness, so you’re ready to lodge your TPD claims when they are due.
- The level of your disability – When lodging Super claims or other TPD claims, you will need to prove you have a minimal level of disability – this will be considered when deciding when you can or cannot return to your previous job, or whether you are capable of working at all.
- Permanent disability payouts – The sum of money you receive from TPD claims and Super claims is generally based on your weekly work hours or the total length of your employment.
TPD Lawyers, Super Lawyers
Because of the stress, complications, and confusion that can be part of making TPD claims from a superannuation fund or private insurer, doing it by yourself is not advised. So, we urge you to seek legal help and allow our specialist TPD Lawyers at PK Simpson Lawyers in Perth be of service. We can also make sure you receive the best possible result from your TPD claims or Super Claims, so it’s vital that you have a legal representative on your side because the law can be rather complicated. Contact us as soon as possible after your illness or injury has caused you to stop working. This will protect you, your family, and your future. PK Simpson in Perth has teams of specialist TPD Lawyers who can give you expert, professional advice on your Super claims as well as which benefits you can claim. Our Super and TPD Lawyers are experts; they can explain the entire TPD claims process, and also what you can do if claims are rejected. We can ensure 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 have to submit Super claims and TPD claims from other funds or insurers. Therefore, before you lodge your claims, it’s crucial that you act as fast as possible and secure professional, expert legal advice from our specialist TPD claims or Super claims Lawyers in Perth. If you are ill and confined at home, our PK Simpson TPD Lawyers and Super Lawyers in Perth can post or email documents to you, so you needn’t even meet face-to-face with our TPD and Super Lawyer specialists. 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 where TPD claims are rejected, after the date that your insurer or Super fund declined them. PK Simpson TPD Lawyers can rework and submit your TPD claims, and Super claims again, so don’t despair if your claims are denied first up.
PK Simpson in Perth has teams of specialist TPD claims and Super claims Lawyers on hand with the necessary skills, professionalism, experience and personnel to manage all TPD claims.
We also win more than 99 percent of our cases!
If you have an insurance policy, or a Super fund, with appropriate TPD cover and you suffer from an illness or have been injured and cannot work as you once did, you may be able to receive lump-sum payments from Super claims or TPD claims. Contact PK Simpson in Perth and have a chat with one of our specialist TPD Lawyers about TPD claims or Super claims today on 1300 757 467 or send an email to enquiries@pksimpson.com.au.
Perth Location
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.
Frequently Asked Questions
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.
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.
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.
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.
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.
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.