Superannuation and Personal Disability Claims (TPD)
If you are unable to work and are suffering because of a total and/or permanent disability arising from injury, incapacity, illness or some other problem and you have a superannuation policy you are likely to be eligible to make a claim for total and permanent disablement known as TPD being a claim for disability.
It is important to note that we will require a copy of your superannuation policy, income protection insurance policy, life insurance, mortgage protection insurance and loan protection insurance, sickness or accident insurance policy and/or any form of trauma cover you may hold so that we may look at the terms and conditions of the policy.
The general definition entitling you to make a claim for total and permanent disablement relates to not being in a position to return to full time employment for which you have adequate training and abilities for a period in excess of six months. Essentially you will need to establish that you are unemployable in light of your education, training, background and age. You may also have entitlement to partial and/or permanent disability benefits but you will need to speak to an expert compensation lawyer to assist you with the various choices and options available to access a lump sum payment through these policies. Often the trustee of a superannuation fund or an insurer uses their discretion to refuse to make a payment for lump sum and/or continuing monthly payments and it is possible to challenge the insurer on the basis of expert medical evidence supporting your contention that you are unable to work either totally or partially in the future.
There are strict time limits making a claim on super funds and insurance policies and these are generally governed by the terms of the policy and which vary greatly and it is in your interest to speak to expert compensation lawyers to assist you.
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Visit our Australian Superannuation Lawyers website for full information on a TPD Claim including case studies on this area of law.
The words above mean precisely that, and in fact we do not charge you unless the claim is successful with much of the legal costs covered by the losing party that we are suing in your behalf. We are the only law firm in Australia to provide a written guarantee that are prepared to reduce our fees in the advent that the result is unsatisfactory or that you have a reasonable basis to feel that our fees are in appropriate.
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