Total Permanent
Disability (TPD) Claims
A lot of superannuation funds have a TPD insurance component which may entitle you to a lump sum payout through the TPD insurance.
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, the financial benefits that are released are paid to the trustee who then distributes to the member in accordance with that particular super fund’s rules.
- The definition of TPD is based on the wording in each individual policy
- Generally requires that, for payment of the benefit, the trustee of the super fund must be satisfied that you may never again be able to work in any occupation to which you may be suited (having regard to training, education or experience).
- Generally, the illness or injury does not have to be work-related
- You are generally taken as found (a pre-existing condition may not affect your claim)
How Do You Claim For Total And Permanent Disability?
If you believe you have a TPD claim you should contact your super fund who will generally require evidence to support your claim to be attached to the claim form (each super fund has own requirements). This evidence is likely to include the medical reports you have available from your doctors and specialists.
Generally, you will be required to submit for a medical assessment from a medical practitioner of the super fund, or insurer to ascertain that you are unable to work into the future in any role you have done before.
This can be a complex area of the law but for many injured workers it is a further source of compensation which is available to help with the loss of income due to serious injury or disease.
What If Your Claim Is Denied?
If you have made a claim for TPD and you have not been successful the decision of the trustee can be reviewed by request and if you still don’t reach a satisfactory conclusion you may apply to the courts for a review.
There are time limits involved in the review of a decision so you should take action quickly.
