How long does a TPD claim take?

When you’re off work due to an injury or illness, or facing a long-term disability, the financial and emotional toll can be overwhelming. You may have heard about Total and Permanent Disability (TPD) claims, but navigating the TPD claim process can feel like an uphill battle.

What is a TPD claim?

Total and Permanent Disability (TPD) is a type of lump sum insurance often held within superannuation funds. TPD means that due to an injury, illness, or medical condition, you are unlikely to return to work that is within your education, training and experience. You do not need to be unfit for all types of work – only the type of work you are qualified for based on your education, training, and experience.

For more information about whether you are eligible to make a TPD claim, speak to Gordon Legal’s superannuation and TPD team today on (03) 9603 3000 or submit an enquiry on our website here to have our team contact you. Our experienced TPD claim lawyers can help you navigate your way through everything including how to file a superannuation TPD claim, the types of TPD insurance available, and the steps you can take to fast-track your claim.

Why are TPD claims delayed?

One of the biggest frustrations regarding these types of claims, is the TPD claim duration, involving the length of time it takes to be approved. This process usually can take 6 to 12 months from the time the superannuation fund receives all necessary claim documentation. The exact timeframe depends on the complexity of your claim and whether additional medical or financial information is required by the insurer. With legal representation, a lawyer can provide advice on how to speed up a TPD claim and ensure that the insurer does not cause unnecessary delays to your claim by requesting irrelevant information.

There are several reasons for why delays occur, including:

• Incomplete Documentation – Missing medical reports, employment history, or financial records can significantly slow down your claim.
• Disputes Over Eligibility – Superannuation funds and insurers may analyse whether you meet the definition of “total and permanent disability.”
• Medical Assessments and Reports – Your claim often requires specialist reports, which can take months to schedule and obtain.
• Superannuation Fund Processing Times – Some funds process claims faster than others, but administrative backlogs can extend waiting times.
• Legal Complexities – If your claim is contested, or if the fund requires additional evidence, this can lead to further delays.

At Gordon Legal, our experienced TPD lawyers work to expedite the claims process, ensuring your benefits are paid as early as possible, so you can focus on your health. For further information, call our TPD lawyers on (03) 9603 3000.

How do I know if I can make a TPD claim?

If you’re unable to work due to illness or injury, you may be eligible to make a long-term disability claim in Australia. Generally, you must:

• Be unable to return to your usual occupation or any other work you are suited for by education, training, or experience.
• Have a valid TPD insurance policy through your superannuation fund or a private insurer.
• Provide substantial medical evidence confirming the permanency of your inability to work due to your injury or illness.

Gordon Legal’s personal injury lawyers can help assess your eligibility and guide you through the claims process. For further advice, contact our team today on (03) 9603 3000. Our lawyers can provide advice on a no win, no fee basis, meaning you won’t pay any legal costs unless your claim is successful. A detailed explanation on this structure can be found on our website here.

What types of TPD insurance are there in Australia?

There are different types of TPD insurance available, depending on your policy. To determine which type of TPD policy applies to you, it is crucial that you speak to a lawyer who can offer a guide to TPD claims in Australia.

To access your TPD benefits today, speak to our team today on (03) 9603 3000, or to submit an enquiry on our website here.

How long will it take to get my TPD claim approved?

The TPD claim time varies based on multiple factors. In general:

• Simple claims with complete documentation can take 3 to 6 months.
• More complex claims that require additional evidence or legal intervention can take 12 months or longer.
• If your claim is denied and you need to challenge the decision, the process can extend for several years.

A TPD claim lawyer can help reduce delays by ensuring all necessary evidence is submitted correctly the first time. To navigate your way through this process, call our team today on (03) 9603 3000, to receive the TPD claim help and to access the entitlements you deserve.

Is there a deadline to file a TPD claim in Australia?

Unlike workers’ compensation claims, and workers compensation payouts, there is no strict deadline to file a TPD claim in Australia, but timing is crucial. If you wait too long after stopping work, insurers may argue that your condition is not permanent, or the medical material surrounding your work capacity is outdated. It is important speak to a lawyer as soon as possible, to understand the complexities of this process. Contact our office today on (03) 9603 3000, for further information on any deadlines.

If your TPD claim has been rejected, strict time limits apply to challenging the insurer’s decision. Generally, you have 6 years from the date your TPD claim was rejected, to challenge this decision. It is therefore extremely important that you obtain expert legal advice as soon as possible. Contact our team here if your TPD claim has been rejected.

A TPD claim in Australia can take anywhere from a few months to several years, depending on your case’s complexity. While the process can be frustrating, seeking expert TPD claim help from Gordon Legal can make a significant difference in securing your TPD benefits faster. To access your entitlements, speak to our team today on (03) 9603 3000, or to submit an enquiry on our website here.

A death benefit claim is a request made to a superannuation fund by the beneficiaries or legal personal representative of a deceased member, seeking payment of the deceased’s superannuation account balance and any associated death insurance benefits. These claims provide critical financial support during an already difficult time, helping to cover expenses such as funeral costs, outstanding debts, and day-to-day living expenses.

Death benefits are typically paid to:

• A dependant or multiple dependants of the deceased, which may include a spouse or de facto partner, children (of any age), or anyone in an interdependency relationship with the deceased.
• The deceased’s legal personal representative (e.g., the executor of their estate), for distribution in accordance with the deceased’s will.
• In some circumstances, a non-dependant may also be eligible, subject to the specific rules of the superannuation fund’s trust deed and insurance policy.

For the purposes of these claims, a “dependant” is defined as someone who, at the time of the deceased’s passing, had a close personal relationship with the deceased and relied on them for financial or domestic support. In cases where the relationship is not formalised by marriage, such as in a de facto partnership, establishing eligibility might require additional evidence – such as statutory declarations, shared bills, or other documentation – to prove the relationship.

A binding nomination is a legally executed document where a super fund member specifies how they wish their death benefits to be distributed. If a binding nomination is in place and valid, the Trustee of the superannuation fund must distribute the benefits according to the member’s instructions.

It is important to note that a binding nomination will typically expire after a set period (usually three years) and must be reviewed periodically. In the absence of a binding nomination, the Trustee has discretion in determining the beneficiaries based on the fund’s trust deed.

The prompt payment of death benefits is crucial. Delays can compound the emotional and financial strain experienced by families during their time of loss. When funds are delayed, beneficiaries may struggle to cover immediate expenses such as funeral costs, outstanding debts, or everyday living expenses.

The inconsistency in claims processing timeframes across various superannuation funds underscores the need for clear, enforceable customer service standards to ensure that beneficiaries are not left waiting during critical moments.

At Gordon Legal, we specialise in TPD and Life Insurance / Death Benefit claims. If you or a loved one has experienced delays in receiving a death benefit, or if you are unsure of your entitlements, our experienced team is here to help. We can provide you with expert legal advice and guide you through the claims process, ensuring that your case is handled with the urgency and care it deserves.

Our no-win/no-fee approach means that you can seek our assistance without worrying about upfront costs, allowing you to focus on what matters most – that is, supporting your family during difficult times.

If you have questions about your death benefit claim or need assistance with any aspect of your TPD or life insurance matter, please contact us at Gordon Legal. We are committed to ensuring that you receive the financial support you deserve.

Loredana Trimboli (Senior Associate)