




Here’s how to claim TPD in Australia, what evidence you’ll need, how long it takes, and how to protect your rights if your claim is denied.
If you’ve suffered an illness or injury that prevents you from working, you may be entitled to a TPD (Total and Permanent Disability) payout through your superannuation. TPD claims can be overwhelming, slow-moving, and often denied without the right support. In this guide, we answer the most common questions around TPD claims, covering medical evidence, timelines, mental health eligibility, tax, and what to do if your claim is rejected.
At Gordon Legal, we believe everyone deserves access to justice, especially when their life has been turned upside down by disability. Let’s unpack your rights.
What medical evidence is required to support a TPD claim?
To claim TPD, you must show that you’re permanently unable to return to work. Not just in your old job, but in any occupation you’re trained or experienced in.
The evidence usually required includes:
Insurers often ask for very specific medical wording, so it helps to have someone reviewing your reports before submission.
How long does the TPD claim process usually take?
On average, a TPD claim takes 3 to 12 months. However, it depends on:
Delays are common, especially if paperwork is missing or vague. Having a legal team helps avoid these bottlenecks.
Can I claim TPD if my condition is psychological or mental health-related?
Yes. Mental health conditions like PTSD, depression, anxiety, or trauma-related illnesses can be valid grounds for a TPD claim.
What matters is:
Mental health claims are more likely to be scrutinised or delayed, so strong legal support is vital.
Do I need a lawyer to make a TPD claim, or can I do it myself?
You can lodge a TPD claim yourself, but many people find it overwhelming.
Reasons to consider legal support:
At Gordon Legal, we don’t just fill out forms—we fight to make sure your story is heard.
What happens if my TPD claim is rejected?
Unfortunately, TPD claims are often rejected the first time around. But that’s not the end of the road.
You have options:
Many claims are rejected for minor paperwork errors or vague medical reports, errors that can be corrected with the right legal help.
Is a TPD payout taxable in Australia?
Yes, but how much tax you pay depends on your age and situation.
Other factors, like your “tax-free” and “taxable” super components, also play a role.
To avoid surprises, get tailored legal and financial advice before accessing your payout.
How does superannuation affect my TPD claim?
TPD insurance is usually held inside your superannuation, which affects:
If your claim is approved, you’ll often need to satisfy a separate condition of release to withdraw the funds.
Working with a legal team ensures you don’t just win the claim—but actually get the money into your hands.
What is the difference between TPD and income protection insurance?
TPD Insurance |
Income Protection |
One-off lump sum |
Ongoing monthly payments |
Must be off work and unlikely to be able to work |
Covers temporary inability to work |
Accessed through your super fund or outside of super through a private policy |
May be held inside or outside super |
Takes months to process |
Often paid within 30, 60 or 90 days, depending on your waiting period |
You may have both types of cover—and be able to claim them at different stagesof your illness or injury.
Can I make multiple TPD claims from different super funds?
Yes, if you had multiple super funds with TPD cover at the time you became unfit for work, you may be able to claim from each one.
Things to check:
This can get complex fast—so having legal support helps ensure you don’t miss any entitlements.
Don’t Let the System Overwhelm You
Filing a TPD claim is more than just paperwork—it’s about reclaiming your futureafter an injury or illness has changed your life.
At Gordon Legal, we understand how frustrating and confusing the process can be. We’re here to fight for your rights, cut through the red tape, and help you get the payout you deserve.
If you’re thinking about claiming TPD, or your claim has already been rejected, talk to us today. We offer free consultations, and we don’t charge unless you win.
You’ve been through enough—let us carry this part for you.

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