


When life takes an unexpected turn through illness or injury, the idea of returning to work can become impossible. If that’s your reality, know this: you may be entitled to make a TPD claim (Total and Permanent Disability) through your superannuation fund.
At Gordon Legal, we meet people every day who didn’t know they had TPD insurance included in their super—and we’ve helped many of them access the financial support they needed to get back on their feet.
If you’re trying to understand your rights around superannuation claims, this guide is for you. We’ll walk through the super TPD claims process, eligibility, documentation, and how we can help you claim what’s rightfully yours.
What Is a TPD Claim Through Super?
TPD insurance, or Total and Permanent Disability insurance, is a type of cover that’s often bundled into your superannuation policy. If a condition prevents you from working again in your usual job—or any job you’re suited to by education, training or experience—you may be eligible for a superannuation TPD payout.
Unlike a personal injury claim, you don’t need to prove someone else was at fault. TPD is about your capacity to work and the terms of your superannuation disability cover.
We often help people who didn’t even realise they had TPD insurance in place. If you’re unsure, we can check your policy for you.
Am I Eligible to Claim TPD Through My Super?
This is the question we get asked most often. Eligibility for a superannuation TPD claim depends on a few key factors:
- Whether your super fund includes TPD insurance
- If you were a member of the fund when you became ill or injured
- The definition of “total and permanent disability” in your policy
- Medical evidence supporting your inability to return to work
- Whether you’re unlikely to return to any occupation you are suited for
Different funds use different definitions. Some require that you be unable to return to any job; others only refer to your usual job or field. We’ll help you interpret your policy and determine whether your situation qualifies.
What Conditions Are Covered Under TPD Insurance?
TPD insurance isn’t about specific conditions—it’s about impact. The core question is: does your condition prevent you from working again?
That said, common illnesses and injuries that result in successful TPD claims include:
- Physical injuries
- Mental health conditions (e.g. PTSD, anxiety, depression)
- Cancer diagnoses
- Chronic fatigue syndrome or fibromyalgia
- Stroke or acquired brain injury
- Spinal injuries or paralysis
- Autoimmune diseases
- Long COVID with lasting impacts
- Multiple Sclerosis or autoimmune conditions
Your claim doesn’t need to stem from a work-related injury. This is different from a personal injury claim or workers compensation—it’s purely about your ability to work in future.
What Documents Do I Need to Provide When Claiming TPD?
To make a strong total permanent disability claim, you’ll need to provide documentation that proves the severity and permanence of your condition.
That includes:
- Medical reports from your treating doctors and specialists
- Independent medical assessments (if requested)
- Evidence of employment history and income
- A member’s statement describing how your condition affects your daily life and ability to work
- Submissions on how your injury or illness may prevent you from returning to work within your education, training and experience
We’ll work with you to gather everything required. We know how daunting this can feel—and we’re here to support you every step of the way.
Can I Claim TPD If I Wasn’t Working When I Became Ill or Injured?
Yes, possibly.
This is a common point of confusion. Some people assume you have to be actively employed when you become unwell—but in reality, some TPD insurance policies still provide cover if your membership was active when your illness began or worsened.
Other factors might come into play, like whether your premiums were up to date, or whether your cover lapsed due to inactivity.
We’ve helped people successfully claim TPD insurance even after long gaps in employment or contributions. Don’t rule yourself out without checking with a TPD claim lawyer.
Can I Claim TPD If I Wasn’t Working When I Became Ill or Injured?
Yes, possibly.
This is a common point of confusion. Some people assume you have to be actively employed when you become unwell—but in reality, some TPD insurance policies still provide cover if your membership was active when your illness began or worsened.
Other factors might come into play, like whether your premiums were up to date, or whether your cover lapsed due to inactivity.
We’ve helped people successfully claim TPD insurance even after long gaps in employment or contributions. Don’t rule yourself out without checking with a TPD claim lawyer.
What’s the Process for Making a TPD Claim?
The super TPD claims process can vary between funds, but generally follows these steps:
- Check for coverage in your fund
- Gather medical evidence and employment history
- Submit claim forms and supporting documentation to the fund
- The fund refers your claim to the insurer for assessment
- The insurer may request further information or arrange an independent medical exam
- You receive either an approval, request for clarification, procedural fairness or denial
This process can take anywhere between 6 – 12 months, and delays are unfortunately common—especially if documents are missing or the fund requests multiple follow-ups.
That’s why many people choose to work with a TPD claim lawyer. We make sure everything is done properly the first time, and we advocate for you when insurers drag their feet.
What Happens if My Claim Is Rejected?
Don’t give up. A rejected claim is not necessarily the end of the road.
We regularly help clients challenge unfair decisions or appeal rejected superannuation claims. Sometimes it’s a matter of supplying additional evidence; other times, we pursue legal action on your behalf.
Remember: funds and insurers don’t always get it right. You deserve an advocate who knows how to hold them accountable.
Do I Really Need a Lawyer?
If you want to maximise your chances of success, avoid stress, and have someone on your side who’s done this hundreds of times, working with a firm like Gordon Legal can make all the difference.
Here’s what we bring:
- Deep understanding of superannuation TPD insurance policies
- Expertise in complex claims, including mental health and rare conditions
- Help with appeals or disputes if your claim is delayed or denied
- Straightforward communication—we’ll explain what’s happening at every step
- No win, no fee—you won’t pay unless we win your case
Why Choose Gordon Legal?
At Gordon Legal, this isn’t just paperwork—it’s personal.
We know what it’s like for someone to feel stuck, uncertain, or forgotten by the system. That’s why we listen first, act clearly, and fight fiercely.
When you work with us, you’re not just a file—you’re someone who matters. You deserve dignity, support and a legal team who won’t back down.
Let’s Take the First Step
If illness or injury has changed your future and you’re not sure where to turn, talk to us. We’ll help you work out whether you’re eligible for a superannuation disability claim, explain the TPD claim process in plain language, and walk alongside you until we get the outcome you deserve.
Call Gordon Legal today. Your story matters—and we’re here to help you move forward.
No Win, No Fee TDP Claim Lawyers
Financial concerns should not deter you from seeking justice. Gordon Legal operates on a no win, no fee basis, meaning you only pay legal fees if we successfully secure compensation for you. This approach underscores our commitment to accessible legal representation for all.
You don’t have to face this alone
At Gordon Legal, we offer more than legal advice—we offer solidarity. If you’re wondering how to claim TPD compensation, reach out.
Our lawyers are here to listen without judgment, fight with purpose, and support you at every step.
Contact us today for a free, confidential consultation. Simply fill out our online form, and one of our TPD claim lawyers will be in touch to discuss your case or give us a call on 1300 59 95 17.

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