What factors determine whether a TPD claim is successful or unsuccessful?

Published 15 Jun 2016

To many, a Total and Permanent Disability (TPD) claim can be an almost mysterious process. With a wide range of factors coming together to determine if an application is successful or not, it can be hard to know what a claimant is actually facing.  This is where the expertise of a quality TPD lawyer comes into play, as they can ensure you are kept informed every step of the way.

Yet, what factors determine whether a TPD claim is successful or unsuccessful?

Making a claim on your superannuation

Many Australians are still unaware that they can make a claim on their superannuation that can lead to lump sum payments for TPD. While most of these funds are claimed on retirement, if you have an illness or injury that precludes you from working, you may be able attain these earlier.

The nature of contemporary work, where Australians often spend less time at an employer and more time moving from job to job, can make a TPD claim very complex. As each Superfund has its own policies that may define TPD differently, the claimant will need to satisfy differing criteria.

In other words, this mean you may need to provide a range of different information depending on the Superfund you are claiming to. With a range of different insurance and Superfunds, it is important you have an experienced TPD lawyer at hand.

Providing proof of time of work

While there may be different criteria depending on the Superfund, there are a number of similarities. For instance, most will require a claimant to provide evidence that they have been unable to execute the duties essential to their occupation for at least three months.

In some instances, the trustee of the Superfund will be required to submit additional information to ensure that the assessment outcome is optimal. This will mean asking doctors for reports or having to take an independent medical examination.

Yet, because no two TPD claims are the same, it is important to have a specialist team of lawyers oversee your application. At Gerard Malouf and Partners, we offer a no win no fee policy that can ensure financial obstacles do not block your efforts to make a claim.

If you would like to learn more about the claims process or any specific information about what assessors consider, talk to specialists in the area of TPD claims. Contact Gerard Malouf and Partners today.

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