TOTAL AND PERMANENT DISABILITY LAWYERS

Anyone who has a valid TPD policy and fulfils the policy criteria is entitled to bring a TPD claim. Your eligibility to claim will depend on factors such as:

• If your TPD policy is tied to your superannuation fund, the fund may require a minimum superannuation balance in order to make a claim.

• Your age at the date of incapacity. Typically TPD policies cease coverage at age 65, however a claim may still be permitted to be lodged after retirement age in many circumstances.

• Whether you have sustained a physical or psychological injury or illness that prevents you from working in your usual employment or employment of a similar nature based on your education, training and experience.

To find out more about your TPD entitlements, get in touch with our senior team for a free initial consultation .

The benefit that you can claim under your TPD policy will be outlined in the policy or policy schedule. Your superannuation company can provide you with a physical copy of your TPD policy and schedule or made it available to you through their website or client portal.

If you are unable to obtain a copy of your policy online, our team will inform you of the process to obtain it from your superannuation fund or insurer. Upon receipt of the policy documentation, our expert TPD lawyers will advise you on your benefit and whether you are eligible to claim.

• You’ll need to obtain a copy of your policy documentation and claim form from your insurer. If you are having difficulty obtain the documents, you can give us a written authority to obtain them on your behalf.
• We’ll review your policy documentation and advise you on your eligibility to claim.
• We’ll assist you to prepare your claim documentation and request all medical evidence necessary to ensure that your claim is accepted.
• You may be required to attend one or more medical examinations for the purposes of determining the extent of your injury or illness.
• The insurer will issue a decision regarding your entitlement to claim. If successful, you will be paid a lump sum benefit.

• The internal processes of the fund or insurer.
• The experience of the staff member dealing with your claim.
• Any legal complexities associated with your injury, illness or capacity for employment.
• Whether any delays like the global pandemic have disrupted a fund or insurer’s operations.
• If your claim is denied and reviews or litigation are required.

Before signing a law firm’s cost agreement and disclosure document, injured people wanting to make a TPD claim should check:

• Does the law firm offer you a no-win, no-fee agreement ; and
• The coverage provided in the no-win, no-fee agreement.

There is no industry standard definition of no-win, no-fee in NSW. Generally speaking, no-win, no-fee means that a law firm will represent you on your TPD claim and only request payment of professional fees when the claim is successful. If for some reason your claim was unsuccessful, a no-win, no-fee agreement would minimise the amount of costs you have to pay.

At Advantage Legal, our no-win, no-fee promise means that we’ll pursue your TPD claim and only request payment of our professional fees and disbursements when we win your claim. Many law firms do not include disbursements in their no-win, no-fee agreement. At Advantage Legal, we include disbursements because we’re confident that our TPD experts will succeed with your claim and have your benefit paid out.