What obligations do I have when I make a TPD claim

Published 22 Jun 2016

When an Australian submits a claim for a Total and Permanent Disablement (TPD) insurance payment, many believe that the job is done and it is now up to the lawyer and Claims Assessor to do the rest. However, there are a number of obligations that all claimants should be aware of.

Simply being oblivious to the responsibilities you have after you make a claim will not always be enough to protect it if you breach your obligations. Instead, it is better to be prepared by talking to a lawyer experienced in superannuation claims.

So what obligations do you have and why is it important to ensure you act in accordance with them?

Claimant obligations during the application

After you have contacted an experienced TPD lawyer and submitted your application for claim, it is highly important that you manage your relationship with the Claims Assessor. A Claims Assessor is an individual who is tasked with determining whether a claimant is eligible for either a TPD payment or a Permanent Incapacity payment.

One of the key obligations that forms part of your relationship with a Claims Assessor is informing them of any changes that might have occurred to your circumstances. Under Australian law, you are required by duty of disclosure to provide any information and answer all questions and inquires that could affect your application truthfully.

For example, if you return to work on a full-time or part-time basis, you must ensure your assessor is aware of this. Additionally, simple changes, such as to your address or phone number, are also required.

What happens if I fail to inform my Claims Assessor?

If you fail to correctly inform your assessor of any changes to your circumstances, this could have a major impact on your application. It may even lead to legal repercussions that place you on the wrong side of the law.

To ensure this does not happen, talk to an experienced TPD claims lawyer. With their experience, they can advise you on what you need to do throughout the application process.

At Gerard Malouf and Partners, we offer a no win no fee guarantee. As the financial situation of the claimant can be a massive obstacle when making a TPD claim, by removing large upfront costs we can help you meet this challenge.

If you would like to learn more about TPD claims and your obligations, contact Gerard Malouf and Partners today.

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