We are experts in super and TPD claims

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.

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.

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.

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.

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.

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.

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.