Success in TPD Cases and the Key Factor of Individual Credibility
Published 01 Dec 2015
A recent case in the NSW Supreme court highlighted the great importance of credibility and consistency throughout the entire process of making a Total and Permanent Disablement (TPD) claim.
The Plaintiff in this case was a dental hygienist of 7 years who developed depression and anxiety. He made a claim on his TPD insurance as he claimed he could not work full time hours due to his mental illnesses.
After the insurer denied his claim the Plaintiff commenced proceedings in the Supreme Court.
The Supreme Court Justice who heard the case and found the Plaintiff to not be a credible person and determined that he was a malingerer, exaggerating his illnesses for financial gain.
The Justice noted several reasons why he did not believe him. Some of these were:
- The Plaintiff himself admitted while in the witness box that he loved his job and wanted to do more. This was inconsistent with his claims that mental illness prevented him from working full time.
- While the Plaintiff’s long time doctor supported his claim, other psychological reports did not. In particular one report found that he exaggerated his cognitive impairment in a variety of tests.
- The Plaintiff’s evidence in relation to why he did not complete his university degree was misleading and did not convey the whole truth. He claimed that he left university due to harassment but he actually was unable to complete his degree due to failing a core subject.
Among other things, the above convinced the Supreme Court Justice that the Plaintiff was not credible and he did not believe his claims. The Plaintiff’s claim was ultimately dismissed on the grounds that the Justice did not believe the Plaintiff was TPD.
TPD Claims at Gerard Malouf and Partners
At Gerard Malouf and Partners we understand that success in TPD claims depends very heavily on the credibility of the claimant. We always advise our clients to maintain accuracy and consistency in all dealings with insurance companies and throughout any Court proceedings to give them the greatest chance of success.
Minor inconsistencies or mistakes can greatly hurt your credibility as a witness. You need the expert advice that we provide throughout all stages of your claim to ensure you do not miss out on your rightful benefit.
If you believe you have entitlements to claim under your Superannuation policy for Total and Permanent Disablement, or have made a claim which the insurer has rejected – don’t waste any further time. Contact our specialist team who have made a habit of taking on the big insurers and winning.