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Total Permanent Disability

Gerard Malouf & Partners are Accredited Specialist Compensation Law Firm who are experts in TPD Claim cases in Australia. 

Several definitions are provided for a TPD Claim (Total and Permanent Disability), however; it depends on the time when you suffer due to incapacity or stop working altogether. For instance, if you are indeed suffering from a serious injury for more than six months continuously. 

Generally, you have to prove that you cannot work at all even though you have the skills. You will be required to fill a form to understand whether you actually qualify. You will also be required to submit a doctor’s report as well. 

Our qualified and competent barristers and solicitors are able to help you lodge your insurance TPD claim and ensure you have the reports and facts at hand to maximise your chance of success.

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What is a TPD Claim?

Every Superannuation Fund and each individual policy vary in their definition and the requirements which must be met in order to qualify for a benefit. Nonetheless, a TPD claim means Total and Permanent Disability. So the complexity arises in classification as to who can submit claims.

To be classified as Total and Permanent Disabled a fund member must:

  • be incapable, because of illness or injury, to work in any employment for which they are reasonably qualified by education, training or experience
    have ceased active employment as a result of injury or illness
  • be under 65 years of age as on the date of ceasing active employment
  • have an insurance policy in place as of the date of ceasing active employment
  • Education, Training or Experience
  • In addition to medical evidence, the likelihood of returning to active employment will be determined according to:-
    • the labour market
    • a member’s transferable skills
    • the practical likelihood of a member gaining employment

Often alternative employment may be available to an incapacitated person if further education or retraining is undertaken. In this case, a member may still be eligible to make an insurance TPD claim. This is because the need to retrain indicates that such alternative employment exists outside the member’s education, training or experience.

Even if you have made one or more attempts to return to the workplace, you may still be eligible to get a benefit, despite not succeeding in these attempts at rehabilitation.

In addition, most funds require that you have been absent from active employment for at least six months before you are eligible to make a TPD claim. This waiting period varies between funds.

The disability does not have to be work-related as it could be chronic fatigue syndrome, cancer, heart attack, mental illness, injuries at the workplace or at home and other reasons. 

It is therefore essential that you consult our superannuation lawyers in order to find out whether you qualify. 


The TPD Claim process

In order to make a TPD claim, we would first need to contact your Superannuation Fund in order to ascertain any benefits that may be available and request the relevant forms.

We would then liaise with various third parties, including the medical practitioners who have primarily treated your injury or illness, and your previous employer. Each of these parties will need to complete a statement in support of your case. Once these forms are complete, we will lodge them with the Superannuation Fund, along with any supporting evidence. The Fund’s trustee will then determine the amount of your payout.

If your case is denied, we can forward a request to the Trustee to review their decision, provided that there is further medical evidence in support of the review. If this is unsuccessful, we can lodge with the Superannuation Complaints Tribunal, or alternatively, proceed to court to challenge the decision made by the Fund.

A Total and Permanent Disability Insurance policy can actually range from $10,000 to more than $1,000,000.

A successful TPD claim has two components. The first is a lump sum payment based on the level of insurance cover held. The second is the early release of the member’s accumulated Superannuation Funds.

Some clients also feel that their compensation is low since the payout is subject to taxation. However, this can be cancelled out by compensation through the addition of the sum assured to the amount of total and permanent disability awarded.

If you are not successful you may still be able to access these accumulated Superannuation Funds on the grounds of invalidity or financial hardship. 

Are there Time Limits for making Total and Permanent Disability Claims?

There may be time limits while applying for a TPD claim. These will be determined by the Superannuation Fund’s Trust Deed.

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GErard Malouf & Partners

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Gerard Malouf and Partners already have an established track record of getting injured people in need the justice they deserve. 

For decades, the team at Gerard Malouf and Partners have been leading the way and fighting for people just like you. Whether you’ve been wronged through a motor accident, public liability, medical negligence, workers’ compensation issue, or other dispute, our solicitors and barristers have a winning history you can rely on. If your back pain has negatively impacted your quality of life, it is time to take action.

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