Learning About Total and Permanent Disability Claims

Learning About Total and Permanent Disability Claims

A total and permanent disability claim is one that is filed by a person who is no longer able to work or support himself or herself due to a recent or lifelong injury or illness that has left him or her completely disabled. It can be difficult to get the benefits that you deserve if you choose to go about this type of case all on your own. That is why it is a good idea to hire a legal firm that specialises in total and permanent disability claims and has many years of experience winning these types of cases.

What Is a TPD Claim?

It can be difficult to learn that you will no longer be able to work again. While it is devastating news, there are help and benefits available for those who are no longer capable of working. Each case is different; however, the requirements that must be met are usually the same. To be classified as a totally and permanently disabled person, an individual must first:

  • Be incapable, due to his or her illness or injury, of working in any employment for which he or she is reasonably qualified by education, training, or experience.
  • Have ceased active employment because of his or her injury or illness.
  • Be under the age of 65 years as of the date of ceasing active employment.
  • Have an insurance policy in place on the date of ceasing active employment.

It is important that you look for qualified and experienced TPD claim lawyers when you are considering filing a TPD claim so that you will be guaranteed the best overall outcome. Choosing to hire a law firm that has plenty of success in TPD claims will help you improve your chances of winning the case.

What TPD Claim Benefits Are Available?

Those who see success with their total and permanent disability claims will often receive two main types of benefits. This includes a lump sum payment that is based on the level of insurance coverage they have and the second is the early release of the person’s superannuation funds.

There are some who may feel that their compensation is low since the payout is subject to taxation, but this can be cancelled out by the compensation that they receive through the addition of the sum assured to equal the amount of the benefits awarded.

What If Your Case Is Not Successful?

If it turns out that you are not successful with your claim, you could still have access to your superannuation funds if you are faced with invalidity or financial hardships. There are superannuation lawyers who will work to fight for your rights to receive the benefits that they feel that you deserve.

All those interested in starting TPD claims should keep in mind that there is a time limit for those who want to apply. The limits are determined based on the superannuation fund’s Trust Deed.

If your case happens to be denied, then it will be forwarded to the Trustee to review so that he or she can make his or her own decision. It is a good idea to include any additional medical information that you may have with your case as this could help with the review. If this is unsuccessful, you could still lodge a complaint with the Superannuation Complaints Tribunal or proceed to court to challenge the decision.

Categories: Lawyers

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