Total & Permanent Disablement Law


TPD Cover | Making a Claim | Time Limits | Specialist Soliciors  | Frequently Asked Questions


TPD Solicitor - Total Permanent Disablement Claims - Australia

LAWYER HELPLINE: 1800 221 167

TPD stands for total and permanent disability in the context of Australian superannuation funds. TPD law relates to the rules and regulations that govern the element of insurance for total and permanent disability that is part of most superannuation funds. The term TPD law describes not only the legislative statutes of the states of Australia referable to TPD claims but also encompasses the individual rules that govern the numerous different super funds that all have their own administrative regulations which are followed by the super fund trustees in order to manage the day to day business which must obviously remain within the scope of the both the rules and the legislation. Our TPD solicitors offer help and advice in understanding the rules.

Cover for TPD

As an analogy a superannuation fund is, in some ways, similar to a group savings account managed by trustees who must follow the internal rules of administration detailed when the fund was initially set. In most cases, each member of the group who contributes to the fund also benefits from the fund and one of those benefits is often financial cover for total and permanent disability. The effect of this is that group members who become totally and permanently disabled can rely on TPD law and make a TPD claim for a lump sum to be paid out of the superannuation fund. In a nutshell, 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 by a TPD solicitor, the financial benefits that are released are paid to the trustee who then distributes to the member in accordance with that particular super fund rules. If you need to speak to a TPD solicitor without charge or further obligation just call us on the helpline

Making a TPD Claim

Making a TPD claim for total and permanent disability is in addition to making an early claim for super and both are payable whether or not the disability was a natural non work related event or was caused by an accident whilst at work or otherwise. The only consideration by the trustees when considering a TPD claim is whether or not the disability can be proven to be total and permanent. The usual course of events is for a TPD solicitor, on behalf of the disabled applicant to submit an application to the trustees supported by written evidence and medical reports to show the extent of the disability. The superannuation fund trustees then meet to discuss the application and apply TPD law both in the context of legislation and the funds regulations to decide whether or not the applicant satisfies the requirements. If the application is rejected for any reason it is usually possible to appeal the decision to an independent body. It should however be made clear that not all TPD claims will meet the definition of total and permanent disability under TPD law and in those cases the super fund trustee will not release the money until the condition has been satisfied

No Time Limits

There are no time limits to making an initial application to a superannuation fund however there may be time limits on lodging appeals and a refused applicant should always take urgent legal advice if there is an intention to lodge an appeal. It is always advisable to appeal as most appeals succeed. Even if the fund has already paid out the super element of the benefit it may still be possible under TPD law to lodge a claim. In addition, a TPD solicitor, representing the estate of a deceased person may be able to make a financial claim on behalf of the estates beneficiaries.

TPD Solicitor

Our TPD solicitors and lawyers specialise in superannuation and insurance claims and appeals, including superannuation disability claims [Total Permanent Disability (TPD) and Terminal Illness (TI)], death benefit claims and income protection insurance claims. Our solicitors deal with the most complex TPD claims and if an applicant is refused will almost always appeal the matter. Whilst you do not have to use a solicitor to make an application we would strongly suggest that you do so to ensure that your best case is put forward for what is often a very substantial financial award. To find out if you qualify under TPD law for a payout for total and permanent disability just use the contact form or send an email and a TPD solicitor will telephone you with free advice and no further obligation. A TPD solicitor will make an initial assessment over the phone and will advise their views on liability and the amount of the anticipated award.

Frequently Asked Questions

    What is superannuation?

      Superannuation is a protected long term savings plan intended to provide a pension upon retirement. Almost all workers in Australia benefit from superannuation as employers are legally bound to make a compulsory payment into the fund based on the individual’s income. An employee may make certain other additional payments on a voluntary basis to top up the fund and thereby increase the ultimate benefits.

    When do I get my super?

      For contributions’ made before 1999 super is paid out upon the contributor leaving the superannuation fund however for payments and employers contributions made after 1999 it is only possible to withdraw after retirement age is reached subject to some exceptions where benefits can be drawn down early.

    What are superannuation disability benefits?

      Most superannuation funds cover disability benefits which include lump sums payable for Total & Permanent Disability or Temporary Disability together with periodical payments paid by way of a Disability Pension.

    What happens if I am refused?

      You can ask the trustees to reconsider their decision failing which you can appeal the decision to an independent tribunal or to a court of law, both of which have time limits.

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LAWYER HELPLINE: 1800 221 167