Understanding the most common TPD claims can be crucial for individuals facing long-term disability. Total and Permanent Disability (TPD) insurance provides financial support when a person can no longer work due to illness or injury. 

At Burke Mead Lawyers, we assist clients with a range of TPD claims, but some types occur more often than others. This article will explore the most common TPD claims, helping you better understand what conditions typically qualify and how these claims are processed.

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Understanding Total Permanent Disability (TPD) Claims

Total and Permanent Disability (TPD) insurance assists those facing long-term disability, helping them manage living expenses and medical costs. Navigating the TPD claims process can be complicated, but having an in-depth understanding of what is required from claimants and insurance providers will help you navigate the grey areas.

What Medical Conditions Qualify for TPD?

TPD insurance claims cover a wide range of medical conditions that prevent an individual from working, including:

  • Mental health conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD). These psychological disorders can significantly impact a person’s ability to perform their usual work duties or impair their daily functioning, often leading to long-term disability. 
  • Physical injuries resulting from accidents or repetitive strain, such as:
    • Spinal cord injuries
    • Traumatic brain injuries
    • Chronic pain conditions
    • Cancer
    • Heart disease
    • Neurological disorders

The severity of the condition, whether physical or mental in nature, is crucial to making a successful TPD insurance claim. It must render the person unable to work in their usual occupation or any occupation suited to their education, training, or experience.

Eligibility Criteria for Filing a TPD Claim

To be eligible for a TPD claim, several criteria must be met:

  1. Inability to work: The claimant must be unable to work in any occupation suited to their education, training, or experience.
  2. Permanence: The disability must be considered permanent, with no likelihood of improvement.
  3. Insurance coverage: The claimant must have a valid TPD insurance policy, often included in superannuation funds.
  4. Waiting period: Most policies require a waiting period before a claim can be lodged.
  5. Age restrictions: Some policies have age limits for claiming TPD benefits.

It’s essential to review the specific policy terms for any TPD benefit you may be eligible for, as criteria can vary between insurers.

What is the Average TPD Payout?

Successful TPD claims usually result in a payout, which can vary significantly depending on factors such as the policy terms, the severity of the disability, and the claimant’s occupation. While there’s no fixed average for TPD payouts, generally, the sum insured would be between $100,000 and $1,000,000, depending on your circumstances and policy. Some policies offer lump-sum payments, while others provide ongoing monthly benefits.

Factors influencing the amount of a lump sum payment amount include:

  • The type and level of cover
  • The claimant’s age and income at the time of disability
  • The specific terms of the insurance policy

Understanding your policy details before pursuing a TPD claim is critical, and experienced TPD lawyers can assist you with this.

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Common Causes for TPD Claims

Total and Permanent Disability (TPD) claims can arise from various circumstances, such as physical injuries, mental health conditions, and chronic illnesses that prevent individuals from returning to their regular employment.

Physical Injuries

Musculoskeletal disorders are a leading cause of TPD claims in Australia at around 31% of claims, followed by physical injuries. Common physical injuries include:

  • Back and spinal cord injuries
  • Traumatic brain injuries
  • Loss of limbs
  • Severe burns
  • Fractures and joint injuries

These injuries often require extensive rehabilitation and may lead to permanent disabilities. In some cases, even after treatment, individuals may not regain the capacity to perform their previous job roles.

Mental Health Conditions

Mental health conditions have become increasingly recognised as valid grounds for TPD claims and account for around 20% or more of claims. Post-traumatic stress disorder (PTSD) is a common claim, particularly among military personnel and those who have experienced traumatic events.

Mental health conditions can severely impact a person’s ability to maintain employment due to symptoms such as persistent low mood, panic attacks, or difficulty concentrating.

Chronic Illnesses & Disease

Chronic illnesses often progress over time, gradually diminishing an individual’s capacity to work. Cancer is the leading cause of TPD claims, accounting for around 30% of all claims. Other chronic conditions that frequently result in TPD claims include:

  • Heart disease
  • Multiple sclerosis
  • Chronic pain conditions
  • Autoimmune disorders

These illnesses can cause debilitating symptoms such as fatigue, pain, and mobility issues. As the condition worsens, many individuals find it increasingly difficult to perform their job duties, leading to a TPD claim.

The Process of Filing a TPD Claim

Filing a TPD claim will require essential documentation and a thorough assessment by the insurer.

Documentation Required

To initiate a TPD claim, applicants must provide comprehensive documentation. This typically includes:

  • Completed claim forms from the insurer
  • Medical reports detailing the disability and prognosis
  • Employment history and job description
  • Financial records
  • Proof of identity

It’s crucial to submit thorough and accurate information. Applicants should obtain detailed medical reports from treating doctors and specialists. These reports should clearly explain how the disability prevents the claimant from working.

If an insurer requests additional documents during the assessment process, prompt responses can help expedite the claim.

Assessment Period

The assessment period for a TPD claim can vary significantly. Simple claims may be processed within a few months, while complex cases can take 6-12 months or longer.

During this time, the insurer will:

  • Review all submitted documentation
  • Potentially request additional information
  • Consult with medical experts
  • Assess the claim against the policy criteria

Claimants should be prepared for follow-up questions or requests for further medical examinations. It’s important to maintain open communication with the insurer throughout this period.

The insurer will evaluate whether the claimant meets the TPD definition outlined in the policy. This often includes assessing the likelihood of returning to work in any occupation for which the claimant is reasonably suited by education, training, or experience.

Seeking legal assistance can be crucial for Total and Permanent Disability (TPD) claimants in Australia. TPD lawyers specialise in helping individuals navigate the complex claims process and maximise their chances of a successful outcome.

These legal professionals possess in-depth knowledge of superannuation policies and TPD claim requirements. They can assist claimants in various ways:

  • Evaluating eligibility for TPD benefits
  • Gathering necessary medical evidence
  • Completing claim forms accurately
  • Negotiating with insurance companies
  • Representing claimants in disputes or appeals

Legal representation can be particularly beneficial for complex cases or when claims are initially rejected. If necessary, TPD lawyers can help claimants understand their entitlements and guide them through the appeals process.

Working with an experienced lawyer can also be helpful if you are navigating multiple TPD claims or seeking additional compensation, such as workers’ compensation, motor vehicle accident compensation, or medical negligence.

Key Takeaways

Burke Mead Lawyers are Experts in Personal Injury

If you believe you are eligible to make a TPD claim, you should seek the advice of an experienced personal injury lawyer. The team at BurkeMead Lawyers are experienced in personal injury legal matters, including TPD claims – contact our team today.

About the Author
Emma Mead

Emma Mead is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She specialises in all personal injury, locally and across New South Wales.