Your Rights To Claim TPD Insurance in Superannuation.

Johnston Withers Lawyers have experienced practitioners working in the area of Total and Permanent Disability insurance (TPD).

TPD insurance is a type of insurance that provides financial protection via a lump sum for individuals who become totally and permanently disabled due to illness or injury and are unable to return to work.

Most superannuation funds offer their members TPD benefits. These benefits can vary depending on the fund and the insurer. If you’re unsure whether you have TPD insurance, Johnston Withers can assist you in investigating whether you do.

What does TPD Insurance Cover?

The purpose of TPD insurance in Australia is to provide financial security to you and your loved ones in the unfortunate event that you become totally and permanently disabled through illness or injury and are unable to continue to work and earn an income. What’s important to note is that the definition of what it means to be totally and permanently disabled may differ from insurer to insurer. This is why it’s critical to read and understand your insurance policy.

TPD insurance provides a lump sum payment and/or annuities upon an individual becoming totally and permanently disabled (as per the definition contained in the terms of the policy).

You can be covered for:

• Your own occupation

This is when you’re unable to work in your current occupation, that is the job you worked before your illness or injury. This type of cover is usually more expensive and only available outside super.

• Any occupation

This is when you’re unable to work in any occupation following your illness or injury. This cover is cheaper but as the threshold is much harder to meet, pay outs are less likely.

Generally:

• TPD is not limited to serious physical injuries and illnesses but also includes chronic illnesses as well as mental illnesses.
• There are waiting periods that can preclude you from making a claim.
  
  

When Do You Make a TPD Claim?

No one ever wants to have to make a TPD claim. However, in the event that you become totally and permanently disabled due to illness or injury and are no longer able to work, you may need to.

Some common scenarios where TPD claims are made include:

• where you’ve acquired or developed a serious or chronic illness that impacts your ability to work;
• where you’ve suffered an injury that prevents you working;
• where you’ve developed a mental health condition.
  
  

What if Your TPD Claim is Related to an Old Injury or Sickness?

If your claim relates to an old injury or sickness, you should seek legal advice as soon as possible. These types of claims can be complicated and ultimately turn on the interpretation of the insurance policy. That’s why it’s important to consult with an experienced TPD lawyer for advice. The knowledgeable team at Johnston Withers Lawyers offer a free consultation to get you going on the right path.

How do we assist you in claiming your TPD benefit from your Australian Super Fund

The exact process of claiming a TPD benefit will vary from insurer to insurer, but generally, we will be undertaking the following steps:

• Contact your fund and inform them that you wish to make a TPD claim.
• Ask your fund to provide us with a complete copy of all relevant policy documents and application forms.
• Review the policy and check the evidence requirements you must meet to make your claim.
• Obtain all documents necessary to evidence a total and permanent disability including medical documents, reports, payslips, employer correspondence and any other material relevant to the evidence requirements stated in the policy.
• Complete and submit your application form together with all relevant documents.
• Draft detailed legal submissions in support of your claim.
• Liaise with the fund/insurer to obtain regular updates and respond to any enquiries made by the insurer or requests for further information.

The insurer will then make a decision on the claim. The decision may be to allow your claim (or part of it) or deny your claim in full. We will provide advice throughout the claims process.

When to Consult a Lawyer for Your TPD Claim in South Australia

How to claim TPD from super is a commonly asked question. Other relevant questions include whether you’re able to claim a TPD benefit through your superannuation and whether you may also be covered for income protection. The claims process can be a challenging one with many variables impacting on your ultimate success.

To ensure the process runs smoothly, and to improve your chances of making a successful claim, it’s best to seek legal advice. Our team at Johnston Withers Lawyers is here to help you with any personal injury claims. Offering a free initial consultation, our team will guide you through the claims process, so it’s one less thing for you to stress about. Contact us today and start working toward the best future possible for you and your family.