Here’s how to claim TPD in Australia, what evidence you’ll need, how long it takes, and how to protect your rights if your claim is denied.
If you’ve suffered an illness or injury that prevents you from working, you may be entitled to a TPD (Total and Permanent Disability) payout through your superannuation. TPD claims can be overwhelming, slow-moving, and often denied without the right support. In this guide, we answer the most common questions around TPD claims, covering medical evidence, timelines, mental health eligibility, tax, and what to do if your claim is rejected.
At Gordon Legal, we believe everyone deserves access to justice, especially when their life has been turned upside down by disability. Let’s unpack your rights.
What medical evidence is required to support a TPD claim?
To claim TPD, you must show that you’re permanently unable to return to work. Not just in your old job, but in any occupation you’re trained or experienced in.
The evidence usually required includes:
• Detailed reports from your treating GP and specialists
• A statement of capacity confirming you can’t work
• Relevant imaging, test results, or psychiatric assessments
• Independent medical examinations (often arranged by your insurer)
Insurers often ask for very specific medical wording, so it helps to have someone reviewing your reports before submission.
How long does the TPD claim process usually take?
On average, a TPD claim takes 3 to 12 months. However, it depends on:
• How quickly your medical and employment records are gathered
• How your insurer processes and assesses the evidence
• Whether the insurer requests further investigations or interviews
Delays are common, especially if paperwork is missing or vague. Having a legal team helps avoid these bottlenecks.
Can I claim TPD if my condition is psychological or mental health-related?
Yes. Mental health conditions like PTSD, depression, anxiety, or trauma-related illnesses can be valid grounds for a TPD claim.
What matters is:
• The condition is medically diagnosed and documented
• It prevents you from returning to any suitable work
• Your super fund’s insurer accepts psychological conditions (most do, but with strict criteria)
Mental health claims are more likely to be scrutinised or delayed, so strong legal support is vital.
Do I need a lawyer to make a TPD claim, or can I do it myself?
You can lodge a TPD claim yourself, but many people find it overwhelming.
Reasons to consider legal support:
• Super funds and insurers often use confusing jargon
• One mistake or vague report can stall or deny your claim
• Lawyers know how to present evidence so it matches the insurer’s criteria
• If your claim is denied, having legal backing gives you the power to fight back fast
At Gordon Legal, we don’t just fill out forms—we fight to make sure your story is heard.
What happens if my TPD claim is rejected?
Unfortunately, TPD claims are often rejected the first time around. But that’s not the end of the road.
You have options:
• Request an internal review through your super fund
• Lodge a complaint with the Australian Financial Complaints Authority (AFCA)
• Take legal action in Court to challenge the insurer’s decision
Many claims are rejected for minor paperwork errors or vague medical reports, errors that can be corrected with the right legal help.
Is a TPD payout taxable in Australia?
Yes, but how much tax you pay depends on your age and situation.
• If you have reached your preservation age, your TPD payout is usually tax-free
• If you have not reached your preservation age, some or all of it may be taxed at a concessional rate
Other factors, like your “tax-free” and “taxable” super components, also play a role.
To avoid surprises, get tailored legal and financial advice before accessing your payout.
How does superannuation affect my TPD claim?
TPD insurance is usually held inside your superannuation, which affects:
• Who you claim through (your super fund)
• How the benefit is paid (as a lump sum into your super account)
• Whether you can access the money immediately
If your claim is approved, you’ll often need to satisfy a separate condition of release to withdraw the funds.
Working with a legal team ensures you don’t just win the claim—but actually get the money into your hands.
What is the difference between TPD and income protection insurance?
|
TPD Insurance |
Income Protection |
|
One-off lump sum |
Ongoing monthly payments |
|
Must be off work and unlikely to be able to work |
Covers temporary inability to work |
|
Accessed through your super fund or outside of super through a private policy |
May be held inside or outside super |
|
Takes months to process |
Often paid within 30, 60 or 90 days, depending on your waiting period |
You may have both types of cover—and be able to claim them at different stages of your illness or injury.
Can I make multiple TPD claims from different super funds?
Yes, if you had multiple super funds with TPD cover at the time you became unfit for work, you may be able to claim from each one.
Things to check:
• Each policy must have been active at the time you became disabled
• Each fund may have different definitions of “TPD”
• You’ll need to go through the claims process separately for each
This can get complex fast—so having legal support helps ensure you don’t miss any entitlements.
Don’t Let the System Overwhelm You
Filing a TPD claim is more than just paperwork—it’s about reclaiming your futureafter an injury or illness has changed your life.
At Gordon Legal, we understand how frustrating and confusing the process can be. We’re here to fight for your rights, cut through the red tape, and help you get the payout you deserve.
If you’re thinking about claiming TPD, or your claim has already been rejected, talk to us today. We offer free consultations, and we don’t charge unless you win.
You’ve been through enough—let us carry this part for you.
Legal Help When You Need It Most
At Gordon Legal, we understand that TPD claims aren’t just paperwork, they’re about your life, your livelihood, and your future. When you work with us, you get more than legal help. You get advocates who listen, stand up for your rights, and fight with everything we’ve got.
From early guidance to fierce representation, our disability lawyers in Australia are here for every step of your journey.
Reach out today. Let’s take the next step together.
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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