TPD Claims and Lawyers: How We Can Help

This article explains why hiring a Gordon Legal TPD lawyer can make a real difference to the success of your claim, what to do if your TPD claim is denied, how a lawyer can speed up the claims process and how we can improve the chances of your TPD claim succeeding.

If you cannot work due to an illness or injury, and it is unlikely that you will be able to return to the same occupation, a Total and Permanent Disability claim can represent some vital financial support. At Gordon Legal, our experienced and dedicated TPD and superannuation team is ready to listen to your experiences and help manage your TPD claim as it progresses from beginning to end. Contact us on (03) 9603 3000 or by completing an online enquiry form to arrange an initial consultation with one of our no-win, no-fee TPD lawyers today!

Is it harder to get approved for a TPD claim without legal help?

The TPD claim process can be an incredibly complex legal process, especially if you are dealing with multiple insurers or superannuation funds. Furthermore, insurers often rely on a rigid definition of what a “total and permanent” disability is, and failing to meet their exact criteria, without consulting an experienced legal professional, can result in a denied claim (even if you genuinely cannot work).

Many people assume that simply lodging the claim forms will be enough. But in reality, lodging a successful TPD claim involves more than paperwork. Your medical records, personal statements and employer’s statements must all align with the insurer’s criteria for the meaning of “Total and Permanent Disability” under their specific policy. Without expert legal assistance, it is easy to miss deadlines, make administrative mistakes, or prove incomplete, or adverse information to the insurer, which can be harmful to your TPD claim. For this reason, our experienced TPD lawyers will help you navigate the claims process and make detailed legal and medical submissions to the Insurer about why it is unlikely you will be able to return back to work due to your injury or illness..

At Gordon Legal, our expert superannuation team specialises in the effective and efficient management of TPD claims, which ensures that your claim has the best chance of success. Contact us on (03) 9603 3000 to speak with a member of our legal team about your claim today!

Can a lawyer speed up my TPD claim?

Yes, one of our TPD lawyers here at Gordon Legal can assist with increasing the efficiency of your claim. Often, delays in TPD claims are due to missing documentation, unclear evidence or poor communication with the insurer. Insurers can also unnecessarily delay the TPD claim process when they request more information from you to assist with their assessments.

At Gordon Legal, our expert TPD and superannuation team is highly experienced with these processes and will ensure that all such information is prepared. We will work to guarantee that your TPD claim is not unnecessarily delayed and that it moves as efficiently as possible.

Do lawyers handle rejected TPD claims?

If your insurer has rejected your TPD claim, it is important that you obtain legal advice as soon as possible. This is because there are strict time limits which apply to challenging a rejected TPD claim.

If your TPD claim has been rejected, our expert TPD lawyers will advise you on the best course of action to challenge this adverse decision. There are several avenues to appeal this decision, which may include:

• Submitting additional evidence for reassessment;
• Lodging a formal complaint with the superannuation fund or insurer;
• Filing a complaint with the Australian Financial Complaints Authority (AFCA); or

Taking the superannuation fund and the insurer to court. At Gordon Legal, we have significant experience in handling TPD claims and challenging unfavourable decisions. Contact our team today for more information on how we can help you.

What happens if my TPD claim is denied?

If your superannuation TPD claim is denied, do not panic. You are entitled to understand the insurer’s reasoning for doing so and to dispute the decision. Common reasons for claim denial include:

• Insufficient or poor medical records.
• Disputes about when or how the injury or illness occurred.
• A poor understanding as to whether you could return to work.
• Administrative errors.

If your claim has been rejected, you can request both an internal review by the insurer, an external review by AFCA or if appropriate, challenging the insurer’s decision in court.

Does hiring a lawyer guarantee approval for my TPD claim?

While no one can guarantee that your claim will be approved, having an experienced TPD lawyer manage your claim gives you the strongest possible chance to ensure it succeeds. At Gordon Legal, our expert team understands what insurers are looking for and how to present your claim favourably.

Our TPD team also operates on a no-win, no-fee basis. This means you will not be charged legal fees unless your claim is successful.

In exchange for your trust, we will provide expert guidance, experienced legal advice and peace of mind, knowing that your claim is handled correctly and efficiently. Contact us on (03) 9603 3000 to arrange an obligation-free consultation today!

If you are ready to begin the TPD claims process, our team is ready to listen. At Gordon Legal, our highly experienced superannuation and TPD team is ready to help manage your claim and ensure it has the best chance of succeeding. Contact us on (03) 9603 3000 or by completing an online form today!

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)