TPD claims lawyers

TPD claim eligibility

TPD insurance can cover physical or psychological conditions, subject to the policy. A diagnosis alone does not establish eligibility. You must have held the relevant cover, and the evidence must address the applicable definition, eligibility requirements and exclusions.

Some policies assess whether you are unlikely ever to work again in an occupation reasonably suited to your education, training or experience. Other definitions concern your own occupation or your ability to perform specified daily activities. Being unable to return to your last job is therefore relevant, but it does not always satisfy the policy.

The illness or injury does not necessarily have to happen at work. The policy wording determines what is covered and which exclusions apply.

TPD insurance through superannuation and other policies

You may have TPD insurance through a current or previous superannuation fund, or through a policy outside super. Having a super account does not necessarily mean you have active insurance. Check your insurance records and the cover that applied at the relevant time.

If you have several policies, each needs to be checked. You may be able to make more than one claim, but multiple accounts do not automatically mean multiple payable benefits. Eligibility requirements and provisions concerning other insurance payments can affect which policies respond.

How we help with TPD claims

We start by understanding your health, work history and insurance records. We then identify the relevant policy wording and the evidence needed to address its requirements.

That may include reports from treating practitioners, employment records and information about your duties, qualifications and attempted returns to work. Where we act for you, we help prepare the claim and manage correspondence with the fund or insurer.

If a claim has been declined or delayed, we can review the reasons and explain the available next steps. Seek advice early so any applicable complaint or legal time limits can be checked.

Superannuation TPD claims and payment

Superannuation TPD claims involve an insurance assessment and separate requirements for accessing money held in super. Approval of the insurance claim does not, by itself, mean the money can immediately be withdrawn. Your fund must also be satisfied that you meet an applicable condition of release.

For release on permanent incapacity grounds, the fund considers whether your illness or injury makes it unlikely that you will work again in an occupation for which you are reasonably qualified by education, training or experience.

Tax and the effect on other benefits depend on your circumstances. The amount available after withdrawal may differ from the insured benefit, so obtain appropriate financial and tax advice before deciding how to access the money.

Common questions

How can TPD claims lawyers help me?

Our TPD claims lawyers help identify your insurance cover, understand the applicable disability definition and organise supporting medical and employment evidence. Where we act for you, we prepare the claim and manage correspondence with the fund or insurer. TPD insurance may be held through superannuation or under a separate policy outside super. We start with the cover that actually applies to you.

What are the requirements for a TPD claim?

TPD claim requirements depend on the applicable policy, cover dates and your circumstances. An any occupation definition generally considers whether you are unlikely ever to work again in an occupation reasonably suited to your education, training or experience. An own occupation definition focuses on your particular occupation. Other definitions may concern specified daily activities. Being unable to return to your previous job does not necessarily satisfy every policy requirement. We check the definition, eligibility conditions and exclusions before advising to claim.

Can I make a TPD claim for a mental health condition?

A TPD claim for mental health may be available where the condition and its effects meet the applicable policy requirements. Psychological conditions such as PTSD, depression and anxiety can support claims, but diagnosis alone does not establish eligibility. Medical evidence should explain the relevant functional limitations, treatment and prognosis, with employment information addressing the work considered under the policy.

Can I claim through more than one super fund?

Potentially. For superannuation TPD claims, each current or previous policy needs to be investigated separately. Multiple accounts do not automatically mean multiple payable benefits. We check the cover dates, disability definition and other requirements of each policy, including provisions that may affect payment where another TPD benefit has been received or is payable. Bring details of previous funds as well as your current one.

How much do lawyers charge for TPD claims?

TPD lawyer fees depend on the work required and the costs arrangement applying to your claim. KSC Law may offer fixed fees for particular stages, a no win no fee arrangement, or a combination of both. If you are looking for fixed-fee TPD lawyers, we explain the professional fees, work covered and foreseeable expenses before you decide whether to proceed. The applicable arrangement is confirmed in your written costs agreement before work begins.

Does KSC Law offer no win, no fee TPD claims?

Depending on your matter, we may offer no win, no fee TPD claims. Where a no win no fee arrangement applies, there are generally no professional legal fees to pay upfront. If your claim is unsuccessful, you do not pay our professional fees in accordance with the terms of your costs agreement. We explain the professional fees, work covered, foreseeable expenses and payment arrangements before you proceed.

What should I bring, and can you help outside Queensland?

Bring current and previous super statements, insurance information, claim correspondence and any medical or employment records already available. You do not need to obtain new medical reports before your first conversation with us. KSC Law assists clients online across Australia. You can speak with our TPD lawyers in Brisbane without travelling to our office, whether you are in Queensland or elsewhere in Australia.

Read about fixed fees and no win no fee arrangements, then discuss the costs applying to your matter with our team.

Talk to our team

Book a free consultation with our TPD claims lawyers. Bring any super statements, insurance details or claim correspondence you have. If something is missing, start with what you have. We can help you understand your options and the next steps.

Related reading: Do I qualify for a TPD claim · Claiming TPD through your super · How much is a TPD payout · Mental health and PTSD TPD claims · TPD claims for emergency workers and first responders · TPD claims in Queensland