If a person is unable to work through illness of injury and there is little or no chance of that changing, it is possible to make a claim for Total and Permanent Disability (TPD). The process is very complex and you would be well advised to enlist the help of an experienced superannuation lawyer, who can ensure that all is as it should be. Your superannuation fund covers you for TPD (providing you qualify) and many Australian citizens have a separate private insurance policy that covers total and permanent disability.

Total and Permanent Disability Claim Requirements

In order to claim TPD, the superannuation fund member must:

  • Be incapable of working due to either illness of injury, which would include work that the person is qualified and trained for.
  • Be under the age of 65 on the date work ceased.
  • Have ceased work as a direct result of the illness or injury.
  • Have a valid insurance policy in effect on the date work was ceased.

The Likelihood of Returning to Work

The chances of returning to gainful employment will be determined by the superannuation fund tribunal and will take into consideration, the following:

  • The member’s transferable skills.
  • The current state of the labour market.
  • The practical likelihood of the member gaining future employment.

In the event a member is able to find work if extra training is undertaken, it may still be possible to claim for TPD, and it is only by consulting with an experienced superannuation lawyer that you will be fully aware of how the Total and Permanent Disability claim works. In some cases, the member has made several unsuccessful attempts at returning to work, and this would not affect their chances of receiving TPD.

Consult the Experts

If you are unable to work due to a permanent illness or injury, it is wise to consult with an experienced superannuation lawyer, as this person will be able to assess the chances of a TPD claim being successful, and in the event he or she feels there is insufficient evidence to support the claim, you would be advised not to pursue the claim, yet, more often than not, the lawyer would gladly accept your claim, and with their expert advice, you can pursue the TPD claim with confidence.

The TPD Claims Process

The very first thing the superannuation lawyer would do is to contact the relevant superannuation fund trustees to ascertain what benefits are available, and also to request the relevant forms. The lawyer would then contact relevant medical practitioners and former employers to obtain the necessary evidence to proceed with the claim, and the lawyer would ensure that all the evidence is correctly compiled and would implement the claims process on your behalf.

While the TPD claims process is indeed complex, with an experienced superannuation lawyer in your corner, you are maximising your chances of a successful outcome.