TPD Claim Legal Fees: What You’ll Pay and Why It Matters

Making a Total and Permanent Disability (TPD) claim is hard enough without the added stress of wondering what it’ll cost to get legal support. If you’ve found yourself Googling “How much do TPD lawyers charge?” or “What does ‘no win, no fee’ actually mean?”, you’re not alone.

At Gordon Legal, we believe in straight talk, not smoke and mirrors. In this guide, we answer the most common questions about legal fees for TPD claims, so you can make informed choices without nasty surprises later

The cost of legal representation for a TPD claim can vary depending on a few key factors. If your claim is simple, say, you’ve only got one super fund and clear medical records, it may be resolved faster and require less legal work. That usually means lower fees.

But if your case involves multiple funds, employment issues, or a long wait for supporting medical evidence, it naturally takes more time and resources to manage. That’s where costs can increase.

More experienced lawyers may charge a little more, but they also tend to get better outcomes, faster. It’s about balancing quality with cost and making sure you’re getting value for what you pay.

In most cases, no. One of the biggest benefits of working with a personal injury firm like ours is that you won’t need to pay anything upfront. Most TPD lawyers, Gordon Legal included, work on a ‘no win, no fee’ basis.

This means you don’t pay legal fees unless your claim is successful. It’s designed to take the pressure off people who are already going through a lot and ensures access to justice isn’t reserved for those with money to spare.

Before you sign anything, your lawyer will explain clearly what’s covered under this agreement and confirm there’s nothing expected of you upfront.

Super funds assess TPD claims based on the definition of “total and permanent disability” in your specific policy. Generally, they look at whether:

• You are unlikely to return to work in your usual or similar occupation
• Medical evidence supports the permanent nature of your disability
• Your condition is stable and not expected to improve

Some policies use an “own occupation” test, others apply an “any occupation” test. The difference is crucial. We recommend seeking TPD claim legal advice before lodging your claim to avoid delays or misinterpretation.

We assist clients with:

• Reviewing claim criteria
• Preparing and submitting documentation
• Responding to additional information requests
• Appealing if the claim is denied

Our disability lawyers in Australia have the experience to deal with superannuation trustees and insurers head-on.

Yes, self-employed people can still be eligible for TPD insurance benefits, especially if they’ve been paying into superannuation. If your cover is through your super fund, the same definitions and assessment rules generally apply.

For self-employed Australians:

• Your work history and job duties must be well documented
• Evidence from your GP and specialists must show permanent incapacity
• Income and business records help demonstrate the impact on your earning ability

Let our injury compensation lawyers help you gather the right evidence and make sure your claim reflects your real work circumstances. Self-employed people often face added scrutiny, so getting professional legal support early is key.

You may be able to make multiple TPD claims, but there are conditions.

Here’s what to keep in mind:

• Some policies are “linked,” meaning you can only claim once across funds
• Others are “standalone,” allowing separate claims
• You’ll need to check the terms and exclusions of each policy
• Duplicate or overlapping cover may reduce payouts

Our team can review all your superannuation statements, explain what your policies allow, and manage multiple claims if you’re eligible. With the right legal help for TPD claims, you won’t leave any entitlements behind.

You can request your full insurance policy and Product Disclosure Statement (PDS) directly from your super fund or insurer. These documents outline:

• What disabilities are covered
• What exclusions apply
• Waiting periods and time limits
• Definitions like “own occupation” vs “any occupation”

Reading the fine print can be tough, some policies are 50+ pages long and full of legal jargon. Our disability claim lawyers make sense of it for you.

We provide:

• Clear summaries of your policy conditions
• Advice on how the terms apply to your situation
• Help spotting potential red flags or claim risks

If something seems unclear or unfair, let us investigate it for you.

Delays in TPD claims are common, but they’re not always acceptable. Insurers and super funds must follow reasonable processing timeframes. If your claim has stalled:

• We can chase updates on your behalf
• Demand reasons for the delay
• Lodge complaints with regulators if needed
• Push for timely outcomes

We understand how frustrating it is to wait for answers when your finances are on the line. Our team takes swift, strategic action to move things forward.

Typically, TPD insurance requires that your condition be “total and permanent.” That said, if a partial disability prevents you from returning to your usual occupation, and if your policy is based on an “own occupation” test, you may still qualify.

We examine:

• How your daily work duties are affected
• Whether retraining or alternate work is viable
• What your doctors say about long-term limitations

Never assume you won’t qualify. With personal injury TPD lawyers by your side, you may have a case even if your injury isn’t “100%” disabling.

Yes, receiving Centrelink doesn’t automatically stop you from making a TPD claim. In fact, many Australians do both. But there are things to watch:

• Your TPD payout may affect your eligibility for Centrelink
• You’ll need to report the lump sum and provide updates
• Tax implications may apply depending on your age and withdrawal method

Our TPD insurance lawyers can guide you through Centrelink compliance and help minimise impact on your existing benefits.

If your claim is rejected, don’t panic, and don’t give up. At Gordon Legal, we specialise in fighting back when things get tough. We’ll assess your rejection letter, identify where the process went wrong, and put together a strategic response.

We can:

• Request full claim files and review all decisions
• Obtain new or updated medical reports
• File internal disputes and external appeals
• Represent you in the tribunal or court if necessary

Our no win no fee lawyers mean you won’t pay unless we succeed. You deserve justice, and we know how to deliver it.