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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:

Detailed reports from your treating GP and specialists
A statement of capacity confirming you can’t work
Relevant imaging, test results, or psychiatric assessments
Independent medical examinations (often arranged by your insurer)

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:

How quickly your medical and employment records are gathered
How your insurer processes and assesses the evidence
Whether the insurer requests further investigations or interviews

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:

The condition is medically diagnosed and documented
It prevents you from returning to any suitable work
Your super fund’s insurer accepts psychological conditions (most do, but with strict criteria)

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:

Super funds and insurers often use confusing jargon
One mistake or vague report can stall or deny your claim
Lawyers know how to present evidence so it matches the insurer’s criteria
If your claim is denied, having legal backing gives you the power to fight back fast

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:

Request an internal review through your super fund
Lodge a complaint with the Australian Financial Complaints Authority (AFCA)
Take legal action in Court to challenge the insurer’s decision

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.

If you have reached your preservation age, your TPD payout is usually tax-free
If you have not reached your preservation age, some or all of it may be taxed at a concessional rate

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:

Who you claim through (your super fund)
How the benefit is paid (as a lump sum into your super account)
Whether you can access the money immediately

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:

Each policy must have been active at the time you became disabled
Each fund may have different definitions of “TPD”
You’ll need to go through the claims process separately for each

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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