A Step-by-Step Legal Guide to Making Successful Permanent Disability Insurance Claims
Winning a TPD claim starts with understanding the process, but it ends with getting the right legal advice and support. Whether your disability stems from an injury or illness, your ability to claim compensation for permanent disability will depend on how you prepare, what evidence you provide, and who stands beside you. From TPD claim time limits to gathering medical proof, we walk you through it, because you don’t have to do this alone.
What steps do I need to follow to make a successful TPD claim?
The total disability claim process is more involved than most people realise. It’s not just about having a medical condition, it’s about proving you’re unable to return to work in your usual role, and that this situation is unlikely to change.
Here are the key steps to help you prepare a strong and successful TPD claim:
- Understand your policy
Start by reviewing the terms of your TPD insurance. This may be through yoursuperannuation fund or a privately held policy. The definition of “total and permanent disability” can vary, so it’s crucial to know exactly what criteria you must meet. - Confirm eligibility
To be eligible for a TPD claim, you generally need to demonstrate that you have stopped working due to an injury or illness, that your condition prevents you from returning to your usual occupation, and that this assessment is supported by your treating doctors. - Collect supporting documents
Collecting the right supporting documents is essential for a strong TPD claim. You’ll need medical reports from your GPs and specialists, functional capacity evaluations, employment records and role descriptions, income history, superannuation statements, and personal statements that describe how your condition affects your daily life. - Submit your claim correctly
Lodging incomplete or inconsistent claims is a common cause of delay or rejection. An experiencedTPD claim lawyer can help you submit a full, well-supported application the first time. - Respond to further requests
Insurers often come back with requests for more medical exams or clarification. OurTPD insurance lawyers handle these responses with precision, because we know what they’re really looking for. - Be prepared for a fight
Unfortunately, many claims are rejected unfairly. We challenge those rejections, negotiate hard, and if needed, we take legal action.
Your best chance of success? Partnering with legal experts who know how to win and won’t back down.
What should I do if I’m unsure about making a TPD claim?
You’re not alone in feeling unsure. Making a TPD claim can be daunting. There’s paperwork, delays, and the fear of being rejected. But there are practical steps you can take right now:
- Book a free consultation
We’ll review your situation and let you know whether your claim is likely to succeed. - Check your superannuation account
Most Australians havesuperannuation disability claims included without even realising it. Contact your fund or let us do it for you. - Don’t wait for “certainty”
You don’t have to be 100% sure to begin. OurTPD claim lawyers can help assess your medical and employment history and determine if you have a case. - Know your options
If your claim doesn’t qualify under TPD, you might still be eligible forworkers compensation or other benefits.
Waiting too long could mean missing out entirely. The sooner you get legal advice for superannuation TPD claims, the better.
What happens after I submit my TPD claim?
Submitting the claim is just the beginning. What comes next can be stressful, especially if you’re not sure what to expect:
- Acknowledgement of receipt
Your insurer or super fund will confirm they’ve received your documents. - Initial review
They’ll check the forms and supporting documents for completeness. - Request for further information
This can include: independent medical exams; clarification letters from treating doctors; additional personal or work history. - Waiting for a decision
It can take3–6 months or longer to get a response. That’s why we push to keep claims moving and challenge unreasonable delays. - Decision issued
The insurer may approve your claim, ask for more information, or deny it.
If you receive a rejection, don’t panic. We’ve successfully overturned decisions by gathering stronger evidence, clarifying points of confusion, and challenging bad-faith interpretations.
Can I claim TPD for an injury from years ago?
In many cases, yes. But it depends on the TPD claim time limits set by your fund or insurer.
Here’s what to consider:
- Some super funds don’t enforce a strict limit, while others may set deadlines based on when you ceased work or were diagnosed.
- You’ll need to show a clear linkbetween your past condition and your current inability to work.
- Gather retrospective documentationsuch as medical notes, old certificates, and employment records.
- Don’t assume it’s too late, we’ve helped clients win claims for conditions that began many years prior, including mental health injuries, spinal injuries, and chronic illnesses.
We’ll help you investigate the claim history, retrieve old records, and put together a watertight submission. If anyone can get your claim back on track, it’s us.
Are there any fees to file a TPD claim?
Filing through your super fund typically doesn’t involve any upfront fees, but legal representation can be crucial, and cost is a valid concern.
At Gordon Legal, we keep it simple:
- Free initial consultation: So you can understand your options with no pressure
- No-win, no-fee: For most TPD matters, you only pay if we win
- Transparent pricing: If extra legal work is needed (like going to court), we’ll always explain fees clearly up front
- No surprises: No hidden costs or jargon. Just straight, honest advice.
We believe everyone deserves access to the best lawyers for TPD claims in Australia, no matter their financial situation.
We’re with You All the Way
When illness or injury takes away your ability to work, the emotional toll can be just as hard as the financial one. But you don’t have to carry this burden alone. At Gordon Legal, we stand beside Australians who are ready to fight for what’s fair.
We’ve helped thousands navigate the superannuation disability claims process. We’ve tackled difficult insurers. We’ve won for clients with chronic pain, mental illness, cancer, brain injury, and more. We’ve done it because we care, and because we never stop fighting.
Whether you’re starting a claim or appealing a rejection, we’re here for you.
Contact Gordon Legal today to speak to our expert TPD claim lawyers. Let’s fight for the compensation and dignity you deserve.
No Win, No Fee TPD 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.
No win, no fee
Help when you need it most without the added stress of upfront legal fees engaging a
no win, no fee lawyer.
When you need legal help, understandably, the first thing people often think is ‘can I
afford it?’ To address this, our Senior Partner, Peter Gordon and Partner, Paul Henderson pioneered the ‘no win, no fee’ system to create greater access to the legal system.