TPD Claim Solicitor - Super Insurance Compensation Lawyer - Australia
TPD stands for total and permanent disability in the context of Australian superannuation (super) funds. TPD law relates to the rules and regulations that govern the element of insurance for total and permanent disability that is part of most superannuation funds. The term TPD law describes not only the legislative statutes of the states of Australia referable to TPD super claims but also encompasses the individual rules that govern the numerous different super funds that all have their own administrative regulations which are followed by the super fund trustees in order to manage the day to day business which must obviously remain within the scope of the both the rules and the legislation. Our TPD claim solicitors offer help and advice in understanding the rules. Super lawyers are specialists dealing exclusively in total permanent disability compensation claims.
If you are unable to work because of illness or injury your TPD claim solicitor may be able to make a Total Permanent Disability claim for a lump sum from your superannuation fund. There is no necessity for you to have been involved in an accident or to have suffered a work related injury for your super lawyer make a TPD claim. If you suffer from total and permanent disability, you may be able to make a TPD claim in addition to receiving your super early as a result of your condition.
We have offices situated in Adelaide, Brisbane, Canberra, Melbourne, Perth, Sydney and Darwin.
Our TPD claim solicitors use a risk free no win no fee arrangement.
Cover for TPD
As an analogy a superannuation fund is, in some ways, similar to a group savings account managed by trustees who must follow the internal rules of administration detailed when the fund was initially set. In most cases, each member of the group who contributes to the fund also benefits from the fund and one of those benefits is often financial cover for total and permanent disability. The effect of this is that group members who become totally and permanently disabled can rely on TPD law and make a TPD claim for a lump sum to be paid out of the superannuation fund. In a nutshell, an insurance policy held through a super fund is owned by the trustee of the super fund and the super fund member is the life insured. When a super claim is made by a TPD solicitor, the financial benefits that are released are paid to the trustee who then distributes to the member in accordance with that particular super fund rules. If you need to speak to a TPD super lawyer without charge or further obligation just call us on the helpline
Making a TPD Claim
Making a TPD claim for total and permanent disability is in addition to making an early claim for super and both are payable whether or not the disability was a natural non work related event or was caused by an accident whilst at work or otherwise. The only consideration by the super trustees when considering a TPD claim is whether or not the disability can be proven to be total and permanent. The usual course of events is for a TPD solicitor, on behalf of the disabled applicant to submit an application to the trustees supported by written evidence and medical reports to show the extent of the disability. The superannuation fund trustees then meet to discuss the application and apply TPD law both in the context of legislation and the funds regulations to decide whether or not the applicant satisfies the requirements. If the application is rejected for any reason it is usually possible to appeal the decision to an independent body. It should however be made clear that not all TPD claims will meet the definition of total and permanent disability under TPD law and in those cases the super fund trustee will not release the money until the condition has been satisfied
Not all policies of insurance are the same and whether or not your TPD claim solicitor can make a successful total and permanent disability claim depends on the wording of the policy and the attitude of the trustees controlling the super fund who will need to be satisfied that your condition is chronic and that you will be unable to return to work in the future. The extent of any health problem is a medical matter and to make a TPD claim it will be necessary for the claimant to produce medical evidence by way of consultants medical reports and/or a specialist medical report to convince the trustees that the condition is irreversible. It is not necessary for the condition to be work related and compensation claims can be made in regards to all manner of chronic health problems which produce disability.
TPD Claim Solicitor
Our TPD solicitors and lawyers specialise in superannuation and insurance claims and appeals, including superannuation disability claims [Total Permanent Disability (TPD) and Terminal Illness (TI)], death benefit claims and income protection insurance claims. Our solicitors deal with the most complex TPD claims and if an applicant is refused will almost always appeal the matter. Whilst you do not have to use a solicitor to make an application we would strongly suggest that you do so to ensure that your best case is put forward for what is often a very substantial financial award. To find out if you qualify under TPD law for a payout for total and permanent disability just use the contact form or send an email and a TPD solicitor will telephone you with free advice and no further obligation. A TPD solicitor will make an initial assessment over the phone and will advise their views on liability and the amount of the anticipated award.
In order to make a compensation claim, your TPD claim solicitor must make an application in writing to the trustees of the superannuation fund who will expect a lengthy questionnaire to be completed and submitted together with substantial supporting evidence of the debilitating condition. Whilst applicants can submit claims in person it is highly recommended that you take advantage of a specialist lawyer who can assist you in submitting a full claim which will be difficult for trustees to refuse. Our TPD solicitors can advise you in detail as to the requirements of a successful submission and will prepare all relevant paperwork and will obtain full supporting documentation. Our lawyers will give you advice on the likely success of your claim to a super fund without further obligation. It costs nothing to use our advice service.
There are generally no time limits in regards to making TPD claims and even if you have already received your contributions from the superannuation fund you can still make a claim. In addition it should be noted that it is also possible in certain circumstances for the administrators or executors of a deceased person to make a claim, the benefit of which will go to the beneficiaries of the estate. Whilst there are no time limits in making a claim it should be noted that there are time limits regarding TPD claim appeals against the refusal by trustees to pay out on a total and permanent disability compensation claim.
If you submit a TPD claim and the trustees refuse to make any payment from the super fund it is possible to appeal the decision of the trustees. Our TPD solicitors have detailed experience in appeals both in a court of law and before a tribunal in appropriate cases. A strong submission by an experienced solicitor will usually ensure that a claim is paid prior to any hearing being arranged and most total and permanent disability cases that are appealed by lawyers are successful.
Frequently Asked Questions - FAQs
What is superannuation?
Superannuation is a protected long term savings plan intended to provide a pension upon retirement. Almost all workers in Australia benefit from superannuation as employers are legally bound to make a compulsory payment into the fund based on the individual’s income. An employee may make certain other additional payments on a voluntary basis to top up the fund and thereby increase the ultimate benefits.
When do I get my super?
For contributions’ made before 1999 super is paid out upon the contributor leaving the superannuation fund however for payments and employers contributions made after 1999 it is only possible to withdraw after retirement age is reached subject to some exceptions where benefits can be drawn down early.
What are superannuation disability benefits?
Most superannuation funds cover disability benefits which include lump sums payable for Total & Permanent Disability or Temporary Disability together with periodical payments paid by way of a Disability Pension.
What happens if I am refused?
You can ask the trustees to reconsider their decision failing which you can appeal the decision to an independent tribunal or to a court of law, both of which have time limits.
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