Johnston Withers

Super TPD lawyers.

Navigating the TPD claims process can be difficult without help from expert TPD lawyers skilled in dealing with total and permanent disability claims.

Experienced a severe injury or illness that affected your ability to return to work? Wondering what qualifies as total and permanent disability (TPD)? A TPD benefit can give you the financial support you need to get on with your life.

Our team is comprised of some of the best TPD lawyers in South Australia, and we’re passionate about helping South Australians access the benefits they deserve.

We’ll help you understand your TPD eligibility, track down any possible TPD cover you have and make sure the TPD claim process is as straightforward as possible for you, every step of the way.

How it works

Free initial consultation

You deserve legal advice, even if you can’t afford it. That’s why we offer an obligation free initial consultation with our team of caring, compassionate TPD lawyers. We’re here to listen, advise, and support you during a difficult time.

No Win No Fee TPD claim

Our No Win No Fee model is simple. We believe that everyone deserves to get justice if they've suffered a loss. If we decide to take on your case, our TPD lawyers won’t charge you fees unless you receive a lump sum benefit, regardless of how long the claim takes.

You won’t need to pay any upfront legal fees, and we'll not seek any of our costs from you if your case is not successful. That’s how confident we are in our skills and experience.


*No Win No Fee is offered in most cases. Read the full T&Cs here.

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What is TPD insurance?

If can’t work because of an injury or illness and, based on the advice of your treating medical practitioners, you’re unlikely to return to any work within your education, training and experience, you may be eligible for a lump sum payment benefit available through your superannuation fund, otherwise known as a total and permanent disability (TPD) superannuation claim.

In addition to being able to claim a TPD benefit through your superannuation, it’s possible you may also be covered for income protection.

A TPD benefit can give you the financial support you need to get on with your life. Our team is comprised of some of the state’s best TPD lawyers in Adelaide and regional South Australia, and they’re here to help you understand your TPD eligibility and guide you through navigating your claim.

Your TPD eligibility

Every fund has a policy detailing the relevant definition of TPD for a claimant to satisfy. The two most common definitions funds are:

  • Standard Definition: The member has ceased working as a result of injury or illness and, after a period of three to six months, based on supportive medical evidence, the worker is unlikely to be able to return to any work within their education, training and experience.
  • Retraining Definition: The member has ceased working as a result of injury or illness and, after a period of usually three to six months, based on supportive medical evidence, the worker is unlikely to be able to return to any work within their education, training and experience or any work that they may reasonably be able to retrain into (i.e. if you’re able to undertake re-education or on the job training to enter into another field of employment you may not meet this definition).

There’s usually a different definition and waiting period if you’ve been diagnosed with a terminal illness. Our team of TPD lawyers in Adelaide and regional South Australia can help you determine which definition your claim fits into, and can talk you through your TPD eligibility.

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Meet our team of TPD lawyers

Tim Downie Johnston Withers Lawyers

Tim Downie

Practice leader: Personal injury

Frequently asked questions

What is TPD insurance?

TPD stands for Total and Permanent Disability, and the industry generally uses it to describe a lump sum payment that may be available to you following a severe injury or illness that prevents you from undertaking your usual employment.

If you’ve been unable to work because of an injury or illness (usually for a period of three to six months) and, based on the advice of your treating medical practitioners, you’re unlikely to return to any work within your education, training and experience, you may be entitled to make a Total and Permanent Disability Superannuation claim.

TPD insurance will generally provide a lump sum payment to cover you financially for your inability to work.

Most superannuation funds offer their members default or automatic TPD benefits. Benefits from TPD insurance in super can range from a few thousand dollars up to hundreds of thousands of dollars depending on the fund and the premiums paid. Members can choose to apply to their fund to increase their cover or to take out cover if not automatically offered.

Does my super have TPD insurance?

Every superannuation fund is different, but most have at least some level of total and permanent disability cover. When it comes to accessing the benefit, the level of cover and your entitlements are different between policies. Your superannuation fund’s product disclosure statement (PDS) should have all the details available about the level of cover your insurance for TPD offers; you can access this by contacting your super fund.

It is in your best interests to seek legal advice on your TPD benefits as early as possible, as it may be that you have more cover than you anticipated as your fund has a difficult definition to meet.

When experience matters, our TPD lawyers are here to help with total and permanent disability superannuation claims and to help you to access the benefits you need to get on with your life.

How much are the TPD benefits?

Benefits from TPD insurance in super can range from a few thousand dollars up to hundreds of thousands of dollars depending on the fund. Members can choose to apply to their fund to increase their cover or to take out cover if not automatically offered.

Can you help me with making a TPD claim (No Win No Fee)?

Absolutely – that’s what our TPD lawyers are here for. If you’re suffering from an illness or injury that’s preventing you from working, our expert team can contact your super fund on your behalf to investigate your TPD eligibility, and help you cut through the mumbo jumbo.

I don’t know how to claim TPD insurance. How long does a TPD claim take to process?

There are a number of forms and processes that need to be undertaken as part of making a TPD claim to be lodged with a fund. Once the claim is lodged, it can take a prolonged period of time (six to 12 months) before the insurer makes a determination on the claim.

This can be a very stressful process and many clients prefer to have TPD lawyers assist them with navigating the paperwork and liaising with the insurer on their behalf to access their TPD insurance in their super.

I’ve been injured and have to have time off work but hope to return. Can I make a total and permanent disability superannuation claim?

If you’re able to return to work after your injury or illness, your fund may offer income protection benefits. These are usually a monthly benefit and the amount is generally based on a percentage of your income. The definitions, benefit limits and payment periods vary significantly between funds.

What is income protection in super?

Some superannuation funds have weekly or monthly payments if you can’t perform your normal work duties for a temporary period of time. These are sometimes called salary continuance or income protection payments.

Typically, payments can be up to 75% of your wage plus super and may be able to be paid for up to two years. You may even have benefits payable to age 65. It’s not uncommon for payments to go through a qualifying period of one to three months, meaning it can take a while before your payments actually start.

These payments may cease if your employment is terminated, if you’re paid out a TPD benefit, or if you receive a common law lump sum payment of compensation. Our income protection lawyers can help you navigate these challenging circumstances.

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Our TPD lawyers based in Adelaide and around regional South Australia are proud to have helped thousands of people successfully make No Win No Fee TPD claims. When experience matters, we’re here to help you, too.


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