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TPD Claims Guide: Making a Successful Claim

Angelica Adhar

Written by:

Angelica Adhar

If you’ve been injured or diagnosed with a condition that prevents you from returning to work, you may be eligible for Total Permanent Disability (TPD) compensation. This financial support can help cover essential expenses like medical bills, ongoing rehabilitation, mortgage payments, daily living costs, and other financial burdens that become difficult to manage without your regular income.

For many Australians facing the life-altering effects of a total and permanent disability, the TPD claims process can feel daunting. Whether your disability stems from a workplace accident, a severe illness, or a traumatic event, securing TPD compensation is critical for ensuring financial stability.

Navigating the claims process with insurers can be complex, but don’t worry—we’re here to guide you. In this article, we’ll explain what a TPD claim is, the key steps involved in making a claim, and what compensation you might be entitled to.

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What is a TPD claim and how does it work?

Total and Permanent Disability (TPD) insurance provides vital financial protection for Australians who are no longer able to work due to illness or injury. Most commonly included as part of a superannuation fund’s life insurance policy, TPD coverage can also be purchased as a standalone policy through private insurers.

According to the Australian Securities and Investments Commission (ASIC), around 9 million Australians have TPD coverage, with 86% of these policies held through their superannuation funds. Despite the widespread availability, many individuals are unaware of the protection they have, or they find themselves struggling with the complexities of the claims process.

Understanding TPD claims: 4 things you should know​

Coverage source
While most Australians hold TPD insurance through their superannuation, you may have multiple policies if you’ve switched jobs or opened new super accounts. In some cases, clients have discovered additional policies, increasing the amount of income protection they’re entitled to.

Payment type
TPD benefits are typically paid out as a lump sum, providing immediate financial relief. This lump sum can help cover urgent expenses, such as modifying your home or purchasing medical equipment, while also allowing you to establish a sustainable financial future.

Purpose of TPD insurance
The lump sum from a TPD claim can be used for several critical needs, including:

  • Covering ongoing medical treatments and rehabilitation costs
  • Adapting your home or vehicle to accommodate your disability
  • Replacing lost income and supporting your family’s financial future
  • Paying off debts or other financial obligations.
 

Multiple claims

Many people don’t realise that you can have multiple claims running simultaneously. For instance, if you’re eligible for a Work Injury Damages claim, you can pursue this alongside your TPD claim. This could result in a larger total payout, offering additional financial support.

Am I eligible for a TPD claim?

Eligibility for a Total and Permanent Disability (TPD) claim depends on several important factors, and understanding these can play a crucial role in whether your claim is successful. Many of our clients initially believed they weren’t eligible for a TPD claim, only to discover they were entitled to compensation after consulting with a lawyer.

 

The key criteria for eligibility include:

  1. Inability to work due to illness or injury: You must be unable to work for a significant period, typically between 3 to 6 months, due to your condition.
  2. Inability to return to your occupation or any suitable work: You need to have a condition that prevents you from returning to your original job or any other job you’re reasonably qualified for.
  3. Meeting your policy’s definition of TPD: Each policy has a specific definition of “total and permanent disability.” This definition must be met for your claim to be valid.
  4. Valid coverage at the time of your injury or illness: You must have had valid TPD insurance coverage in place when your condition developed.
 

Examples of TPD eligibility:​

  • Michael’s Case: Michael, a construction worker, developed chronic back pain over two years. He initially thought he couldn’t claim because there was no single injury date. However, with the help of a TPD lawyer, he was able to demonstrate that his condition had progressively worsened over time, eventually preventing him from working.
  • Sarah’s Case: Sarah, a 45-year-old registered nurse, developed severe rheumatoid arthritis that made it impossible for her to continue working in her role. While Sarah initially doubted her eligibility, her TPD claim was successful once her lawyer demonstrated that her condition left her permanently unfit for her occupation.
 
These examples show that even if you think you’re ineligible, it’s worth exploring your options. A consultation with an experienced TPD lawyer can provide clarity and help you understand whether you have a valid claim.

What conditions qualify for TPD claims?

The range of qualifying conditions is broader than many people realise. Here’s a comprehensive list based on successful claims we’ve handled:
Physical injuries

  • Spinal injuries and paralysis
  • Loss of limbs or limited mobility
  • Severe burns
  • Loss of hearing or speech
  • Chronic pain conditions
  • Severe arthritis
  • Complex regional pain syndrome
  • Fibromyalgia.
 

Mental health conditions

  • Severe depression
  • Post-traumatic stress disorder (PTSD)
  • Schizophrenia
  • Severe anxiety disorders
  • Bipolar disorder
  • Obsessive-compulsive disorder
  • Treatment-resistant depression.
 

Chronic illnesses

  • Cancer
  • Multiple sclerosis
  • Parkinson’s disease
  • Chronic lung disease
  • Alzheimer’s disease
  • Chronic fatigue disease
  • Autoimmune conditions
  • Heart disease.
Can you make a TPD claim for depression?

Learn more about filing TPD claims for depression and mental health.

What is the average TPD payout?

TPD payouts in Australia generally range from $60,000 to $500,000, depending on factors like:

  • Your occupation and qualifications
  • Your age and earning capacity
  • The severity of your disability
  • The terms of your specific insurance policy
  • The level of coverage you’ve maintained.

Book an appointment with our expert team

How does the level of personal injury affect TPD payouts?

The severity of your injury or illness plays a crucial role in determining your TPD payout. TPD claims assessors evaluate several factors when assessing the extent of your disability.

 

Your ability to return to your previous occupation

If your condition prevents you from performing your regular job duties, it may significantly impact the size of your payout.

Your ability to work in any other capacity

Assessors will determine if you’re able to perform other types of work for which you’re reasonably qualified. If you’re unable to work in any role, the payout may be higher to reflect the long-term loss of income.

The nature of the disability

Disabilities resulting from the loss of a limb, eyesight, hearing, or other critical senses can result in higher payouts, as they have a more profound impact on your ability to work and live independently.

Ultimately, the more severe the disability, the higher the potential payout, as the claim will take into account not only your lost wages but also the broader impact on your quality of life and future employment prospects.

What are the different types of TPD insurance?

Understanding the type of TPD insurance you have is crucial for a successful claim. Each type comes with specific criteria that can impact your eligibility and the likelihood of a payout.

There are three main types of TPD coverage, each with different requirements.

Own Occupation TPD Insurance
This provides coverage if you’re unable to return to your specific occupation due to injury or illness.

  • Better protection as it focuses on your ability to work in your exact role
  • More expensive due to the higher level of coverage
  • Example: A surgeon with hand tremors may qualify for a TPD claim even if they could still perform other medical roles.
 

Any Occupation TPD Insurance
This coverage applies if you cannot work in any occupation suited to your education, training, or experience, regardless of the specific role you once held.

  • More common in superannuation policies
  • Harder to claim successfully as it requires proving you are unable to work in any suitable occupation
  • Example: An office worker with severe back pain would need to show they can’t work in any desk job, such as administrative or customer service roles.
 

Non-Occupational TPD Insurance
This applies when you can no longer perform basic daily living activities due to a disability, rather than being unable to work.

  • Not typically included in superannuation policies
  • Requires evidence of significant functional impairment, such as needing help with basic tasks
  • Example: A person who requires assistance with self-care tasks like dressing, bathing, or eating may be eligible.

Get a Free Claim Check

How do I make a TPD claim? A step-by-step guide

Making a successful TPD claim requires careful attention to detail and a thorough understanding of the process. Through our extensive experience handling thousands of TPD claims, we’ve developed a comprehensive approach that maximises our client’s chances of success.

Let’s walk through each step of the process.

 

Step 1: Initial assessment (2-4 weeks)

The success of your TPD claim begins with a comprehensive assessment of your situation and coverage.

Confirm your coverage details
Start by contacting your superannuation fund or insurer to confirm your TPD insurance coverage. Many clients are surprised to discover they have multiple TPD policies across different super funds, particularly if they’ve changed employers over the years. You might also be eligible for coverage under different policies that you weren’t initially aware of.

Review your policy and claims forms
Request and carefully review your policy documents and claims forms. It’s crucial to focus on how your policy defines “total and permanent disability,” as this definition will form the foundation of your claim. Different policies may have slightly different criteria, so understanding the specific requirements is vital to formulating an effective strategy.

Verify the validity of your insurance
Check that your TPD insurance was valid at the time of the injury or illness and that it remains valid now. Policies have specific coverage periods, and they typically don’t provide retroactive coverage. In cases of long-term or progressive conditions, such as chronic pain or illness that has worsened over time, determining the start of your disability can be complex. This is why it’s crucial to consult with a TPD lawyer to clarify any uncertainties about when your condition legally began.

Step 2: Documentation gathering (4-8 weeks)

The documentation phase is a critical stage of your TPD claim, as the quality and comprehensiveness of the evidence you provide can significantly influence the outcome. The more thorough and detailed your supporting documentation, the stronger your claim will be.

Medical evidence

Your medical documentation should tell a clear and comprehensive story about your condition and its impact on your life.

We recommend gathering:

  • Detailed reports from at least two medical practitioners, including your treating specialists
  • A complete treatment history, including all medications, therapies and interventions attempted
  • Future treatment plans and prognosis reports
  • All relevant medical imaging and test results
  • Hospital admission records and discharge summaries
  • Mental health assessments, if applicable.
  •  

In a recent case, we helped a client with chronic fatigue syndrome strengthen their claim by obtaining specialised reports from both their immunologist and a neuropsychologist, providing compelling evidence of both the physical and cognitive impacts of their condition.

Employment documentation

Your employment history needs to demonstrate both your pre-disability work capacity and the impact of your condition on your ability to work. Gather:

  • A comprehensive employment history covering the past decade
  • Detailed job descriptions and duty statements
  • Recent payslips and tax returns
  • Documentation of any attempted return-to-work programs
  • Performance reviews from before and after your condition developed
  • Workplace incident reports if your condition is work-related.

 

Additional supporting evidence

We’ve found that supplementary evidence can often make the difference between acceptance and rejection. Consider including:

  • Centrelink documentation showing any benefits you’ve received
  • Workers’ compensation records if applicable
  • A detailed diary documenting how your condition affects your daily activities
  • Witness statements from family members, colleagues, or carers who can attest to the impact of your condition
  • Financial records showing the economic impact of your disability.
 

Step 3: Claim submission (1-2 weeks)

The claim submission phase requires meticulous attention to detail, as the accuracy and completeness of your documents can significantly impact the success of your claim.
 
Complete all required forms
Ensure that all forms are filled out carefully and consistently. Double-check that the information you provide is accurate and matches across all documents. We’ve seen many claims delayed or rejected due to seemingly minor inconsistencies in how conditions are described or dates are recorded.
 
Craft a comprehensive cover letter
A well-crafted cover letter is a critical component of your submission. This letter should clearly outline the key points of your claim and highlight the most compelling evidence. It serves as a roadmap for the claims assessor, helping them to understand how each piece of evidence supports your claim. In particular, the cover letter should reference your life insurance policy, explaining why you meet the specific criteria for Total Permanent Disability (TPD) based on your condition and the policy terms.
 

Step 4: Claim assessment (6-8 months)

The claim assessment phase is often the longest part of the process, requiring patience, attention, and proactive management.
 
During this period, your insurer will carefully review all the documentation you’ve submitted. It’s common for them to request additional information or clarification on specific points, and responding promptly and comprehensively is key to avoiding unnecessary delays.
 
Respond promptly to requests for additional information
If your insurer requests further documentation or clarification, provide it as soon as possible. Delays in responding can lengthen the assessment timeline and potentially weaken your claim.
 
Attend independent medical examinations
The insurer may require you to attend an independent medical examination to assess your disability. It’s vital to attend all scheduled exams and be honest and consistent in describing your condition, as discrepancies can harm your claim.
 
Take detailed notes during the examination, including how you felt and key observations. Always request a copy of the medical report to keep a record of the findings, which could be useful if issues arise later in the claims process.
 
If at any point during the claims process you feel uncertain or overwhelmed, don’t hesitate to reach out to a TPD lawyer. They can provide guidance, help clarify any complex issues, and ensure your rights are protected. Having expert legal support can make a significant difference in navigating the process smoothly and securing the compensation you deserve.
 

Get a Free Claim Check

Understanding TPD claims rejections and appeals

When we review rejected claims, certain patterns emerge. Here are some common reasons for rejection and how to address them.

Rejection reason

Solution

Insufficient medical evidence

Obtain comprehensive reports from specialists

Not meeting policy definitions

Carefully align evidence with policy requirements

Pre-existing condition exclusions

Prove the current disability is unrelated or significantly different

Incomplete documentation

Use a comprehensive checklist and regular reviews

Can you return to work after a TPD payout? > Read More

How GMP Law can help

Our dedicated TPD claims team offers comprehensive support throughout your claim journey.

A free initial consultation to assess your case and provide expert guidance on your eligibility

  • Thorough policy review to ensure you understand your coverage and entitlements
  • Identification of all potential claims to maximise your compensation opportunities, including additional policies or related personal injury claims
  • Assistance with gathering medical evidence to strengthen your claim, including coordinating with specialists and obtaining necessary documentation
  • Comprehensive employment history compilation to highlight the impact of your condition on your work capacity
  • Form completion and review to ensure accuracy and avoid common mistakes that can delay your claim
  • Statement preparation to present a compelling narrative that supports your claim
  • Timeline management to ensure timely submissions and follow-ups, keeping your claim on track
  • Expert appeals handling if your claim is denied or requires further negotiation

With our support, you can focus on your recovery while we handle the complexities of your TPD claim.

John's Journey:
Overcoming adversity to secure
a $500k TPD Claim

In 2022, John required two more surgeries, bringing his total at the point to five surgeries. This marked a critical point in his case. We advised John to wait until after these surgeries to file his Total Permanent Disability (TPD) claim, a strategy that proved crucial given the complexities of his situation.

This image does not depict our actual client.

Frequently Asked Questions

While there’s typically no strict time limit, certain considerations apply:

  • Must claim before reaching pension age
  • Some policies have specific time limits
  • Earlier claims have better success rates
  • Evidence becomes harder to gather over time.

Yes, you can claim on multiple policies if:

  • You have valid coverage through different funds
  • Each policy was active when your condition developed
  • You meet each policy’s specific criteria.

You have several options:

  • Internal review request
  • External dispute resolution
  • Legal challenges to the decision
  • New claim with additional evidence.

The process of a TPD claim typically takes several months to complete. Here’s an overview of the key stages:

  1. Initial insurer review: It usually takes up to six months for your insurer to thoroughly review your claim and assess your eligibility for coverage
  2. Superannuation fund review: Once the insurer has made its decision, superannuation professionals will then review the insurer’s recommendations and make their own determination. This additional step can take another 1 to 2 months.

 

Overall, from start to finish, the entire process can take anywhere from 6 to 8 months, depending on the complexity of your claim, the need for additional information, and any delays that may arise.

Angelica Adhar

Author

Angelica Adhar

Senior Superannuation Case Manager

Angelica has a passion for pursuing justice and fighting for the rights of her clients. She sees it as a privilege to be entrusted as a person’s advocate and voice. She takes comfort in knowing that her work impacts not only on the lives of her clients but also everyone else around them.

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At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
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Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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