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Successfully Settling a Total and Permanent Disablement Claim

Case Overview
  • 43-year-old female’s anxiety symptoms had increased more despite participating in various treatments.
  • She attempted to lodge a claim for total and permanent disablement without the assistance of legal professionals. 
  • After the statement of claim was served by Gerard Malouf and Partners, the insurer confirmed approval of client’s claim in full.

Ms. P of New South Wales was a 43-year-old female who had previously worked as a Design/Sales Consultant. Ms. P was diagnosed with Major Depression with Psychosis and General Anxiety Disorder. Over many years, our client had discussed her symptoms with various General Practitioners and a range of psychologists. She had also trialed various antidepressant medications however despite our client’s participation in various forms of treatments, her symptoms of anxiety had increased in severity over the years.

Ms. P attempted to lodge a claim for total and permanent disablement without the assistance of legal professionals. The claim ended up stagnant with no sign of end despite being under assessment for over a year. Ms. P’s financial situation had become desperate. She was fed up and tired of waiting, and finally decided to get help. Ms. P engaged the services of Gerard Malouf and Partners.

“Our superannuation solicitor undertook extensive investigations reviewing evidence submitted for assessment together with employment, medical and taxation evidence on behalf of Ms. P to ensure that the Insurer was provided with sufficient material to make an assessment of the claim. 

Our Approach

Gerard Malouf and Partners issued a letter of demand detailing that there was no cause for the extensive delay in issuing a determining noting sufficient information had been served. Accordingly, the delay and requests for further irrelevant information were unreasonable and in breach of the duties owed to our client, the member.

The Fund/Insurer continued to request further information and after some back and forward it soon became apparent that the assessment was being unnecessarily delayed. Accordingly, our office began preparing to commence court proceedings with a view of seeking recovery of some legal cost.

When determining a legal professional to assist you with your superannuation claim, it is important to utilize the expertise of professionals who can provide efficient and expeditious results in dealing with your claim. Ms. P had no resolution with the Insurer/Fund for almost a year after lodging the claim himself. The Fund/Insurer continued to use tactics to delay resolution. 

The Result

Shortly after serving the Statement of Claim, the insurer/fund confirmed approval of our client’s claim in full. Ms. P was ecstatic particularly after the ordeal she had been through to resolve her matter.

Aadil Ahmed Lawyer Photo

Aadil Ahmed

Senior Associate
Every step towards the goal of justice requires sacrifice, suffering and struggle; the tireless exertions and passionate concern of dedicated individuals” – Martin Luther King
Frequently Asked Questions

More Information

In general, a TPD insurance claim takes around six months for the insurance company to assess. However, it can take longer if there is a dispute, or it can be wrapped up in a shorter time frame if your claim is extremely clear and you have the right superannuation disability attorneys on your side.

Be aware that once the insurance company has made its decision in regard to your TPD claim, the trustee of the superannuation fund will need to follow up with their own separate assessment of the claim. This can add an extra month or two to the process.

In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.

It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.

TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.


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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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