If you are an Australian citizen and wish to claim on your superannuation for Total and Permanent Disability (TPD), it is essential that you first talk to a lawyer who has experience with TPD claims. Every superannuation fund has its own set of requirements that must be met in full if a fund member wishes to make a TPD claim, and while they might vary slightly from fund to fund, the basics are the same nationwide.
Claim Requirements
In order to claim for TPD, a superannuation fund member must satisfy all of the following criteria:
- Be incapable of any work that is suitable for their skill level and experience.
- Have already ceased work as a result of injury or illness.
- Must be under the age of 65 at the time employment ceased.
- Have an insurance policy that was active on the date employment was ceased.
If you meet all of the above requirements, it is best to contact a team of experienced superannuation lawyers who can assist you in making the claim, and if you are unsure how to do that, an online search will bring up a list of law firms that specialise in TPD claims, and you can then make an initial appointment –which would likely be free – and the experts can examine the details of your circumstances.
Expert Legal Representation
With such an important claim, one really does need to have an experienced superannuation lawyer in one’s corner, and only the lawyer would know the complex procedure for presenting a TPD claim. If your lawyer thinks you qualify, he or she would contact your superannuation fund manager to request the necessary forms to make the claim. Normally, the claimant must have been away from work for at least 6 months before lodging the claim, and by collecting all the medical evidence and other relevant information, the superannuation lawyer will help you to put forward a strong case.
Performance Based
Any superannuation law firm would have a history, and if you are lucky enough to find one with a success ratio of 80% plus, then you can be sure that you have the very best legal representation. Should the lawyer feel your claim is not strong, they would likely advise you not to make a claim, however, if a person is unable to continue work through injury or illness, there is no reason why they should not be compensated accordingly. When a person does claim for TPD, the fund trustees will examine the possibility of the person ever returning to gainful employment, and several factors would come into play, such as the likelihood of returning to work, and the possibility of retraining for other employment.
The reason for the disability does not have to be work related, and the fund would pay out if a person suffered a stroke or heart attack, or any other medical condition. If you think you should claim for TPD, the best thing to do is make contact with a superannuation lawyer, who can quickly determine where you stand.