Understand your legal rights and options when making a TPD claim through your superannuation

If you’re unable to work due to illness or injury, a Total and Permanent Disability (TPD) claim can provide financial support when you need it most. But navigating the claims process, especially through your superannuation fund, can feel overwhelming. Below, we break down the most common questions we hear at Gordon Legal to help you better understand your rights and next steps. Whether your claim has been delayed, denied, or you’re unsure where to begin, we’re here to help.

TPD claim assessments typically take between 3 to 12 months, depending on the insurer, complexity of your case, and how quickly they receive all necessary documentation.

• Simple claims (clear medical history and documents) can be resolved within 6 months.
• More complex claims (multiple conditions, missing paperwork, etc.) often take 9–12 months or longer.
• Some cases may exceed a year if your insurer disputes the evidence or requires further reviews.

If your claim is taking longer than 12 months, this could be a red flag. Legal advice may help to speed up the process or push back against unnecessary delays.

Yes. If you have multiple super accounts and TPD insurance attached to each, you may be able to lodge separate claims with each fund.

• Each claim must meet that fund’s specific policy criteria.
• You’ll need to prove total and permanent disability according to each insurer’s definition.
• Medical evidence must support each claim, including specific impacts on your ability to work.

This can be complex, so working with a lawyer may help streamline the process and ensure no entitlements are missed.

• Own Occupation TPD: You’re considered disabled if you can’t return to your usual job.
• Any Occupation TPD: You must be unable to work in any job suited to your education, training, or experience.

“Own Occupation” is typically easier to claim but is less common in superannuation policies. Most TPD insurance through super is of the “Any Occupation” type.

Yes, mental health conditions can be covered, provided they meet the definition of total and permanent disablement in your policy.

Common mental health conditions that may qualify include:

• Major depressive disorder
• PTSD
• Anxiety disorders
• Bipolar disorde
• You will usually need supporting evidence from treating psychologists, psychiatrists, or GPs. Insurers may also request additional assessments or reports from independent specialists.

When a TPD claim is approved, the benefit is typically paid directly into your superannuation account. This means your super balance will increase by the amount of the payout.

However, accessing the funds is subject to meeting a condition of release as determined by your super fund’s Trustee. If you satisfy this condition—usually by demonstrating permanent incapacity—you’ll be permitted to withdraw the TPD benefit from your superannuation account.

It’s important to note that while the payout boosts your super balance initially, withdrawing the funds will reduce your overall retirement savings. Before making any decisions, consider seeking financial advice to understand the long-term impact on your retirement planning and whether partial withdrawal or leaving the funds invested might be more beneficial.

Yes. A successful TPD claim typically unlocks early access to your super.

• You’ll need to meet both the insurer’s criteria and the super fund’s release conditions.
• The funds are usually paid as a lump sum, but in some cases, you may choose to leave them invested or draw down in stages.

• TPD insurance pays a lump sum if you’re unlikely to return to work due to injury or illness.
• Income protection provides monthly payments (often for a set time) while you’re temporarily unable to work.

In many cases, people hold both policies to cover both short- and long-term inability to work.

Delays are frustrating and can feel unfair, especially when you’re unwell. If your claim is taking longer than expected:

• Request a written update from your insurer or super fund.
• Check if all required documents have been submitted.
• Seek legal advice,especially if it’s been more than 6 months.

Gordon Legal can step in and demand action on your behalf, keeping insurers accountable.

TPD payouts are usually paid as a lump sum, directly from your super account after your claim is approved.

• This is different from income protection (monthly payments).
• The lump sum is often used to cover debts, medical bills, or living expenses.

Yes, and it happens more often than it should.

• If your super account is inactive for 16+ months, your insurance can be automatically cancelled.
• Some funds cancel TPD cover if your balance falls below a threshold.
• You must opt in to keep insurance if your fund notifies you.

Always check your fund statements and speak to a lawyer if you think your cover was unfairly removed.

Navigating a TPD claim while managing your health can feel like a second job. At Gordon Legal, we don’t just give legal advice,we fight for what’s right. Whether your insurer is dragging their feet, you’ve been denied, or you’re unsure where to begin, our team is here to help.

Contact us today to speak with a TPD claims specialist and take the next step with confidence.