Superannuation Claims, Total and Permanent Disability
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What is a Total and Permanent Disability (TPD) Claim?
If you’ve suffered an illness or injury that has permanently stopped you from working, you may be able to access a lump sum payment through your superannuation insurance. These payments are known as Total and Permanent Disability (TPD) benefits.
TPD insurance is often automatically included in superannuation funds, although many people are unaware of it. This type of cover can make a huge difference if you can no longer earn an income — helping you meet ongoing living costs, medical bills and rehabilitation expenses.
The definition of “total and permanent disability” differs between funds, but it generally applies when your condition means you are unlikely to ever return to work in your usual role or any other occupation suited to your background and experience.
When Can You Make a TPD Claim?
The criteria for claiming TPD or income protection through your super fund depend on the terms of your policy. You may be eligible if:
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You have stopped working because of a serious injury or illness, and
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Your doctors have confirmed that you’re unlikely to return to work in your previous occupation or any other suitable role.
Some policies include waiting periods or minimum time frames before a claim can be lodged. Others may require evidence that your condition is stable or permanent. If you’re unsure what applies to you, a lawyer can interpret your policy and confirm whether you qualify.
Why Seek Legal Advice for a TPD Claim?
Many people assume a superannuation or TPD claim is simple — but in reality, the process involves detailed paperwork, extensive medical evidence, and strict insurer requirements.
A lawyer experienced in superannuation and TPD law can help you by:
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Reviewing your policy to confirm your entitlements.
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Completing all claim forms correctly to avoid delays or rejection.
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Coordinating supporting documents such as medical records, employment statements, and financial evidence.
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Communicating directly with the insurer on your behalf.
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Challenging a decision if your claim is declined or delayed.
Having the right lawyer on your side can make the difference between a denied claim and a successful payout.
How We Can Help You
At TGB Lawyers, our team manages the entire claims process from start to finish. We’ll review your policies, prepare your documentation, liaise with doctors and insurers, and keep you informed every step of the way.
If your claim has already been denied, we can assess your options for review or appeal — including through the Australian Financial Complaints Authority (AFCA) where appropriate.
Our goal is to maximise your payout and secure the financial support you’re entitled to, allowing you to focus on your health and recovery.
We are a national leader in compensation claims, offering the largest personal injury team in South Australia, as well as experienced lawyers in Perth (WA) and Darwin (NT). Our focused expertise in this area means you can concentrate on your recovery while we manage your claim.
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What circumstances are required for a claim?
Under superannuation policies a person may have cover for income protection and also Total and Permanent Disability (TPD). Whilst the definition of TPD in each policy can differ, generally the injured person must be assessed as unlikely to ever be able to return to work. If your injury or illness is preventing you from working then this is an entitlement worth pursuing.
Some people do not even realise that they have this insurance cover and it can be valuable to those who are unable to work but still need to provide for their family, while also trying to fund medical expenses and rehabilitation.
Finding out whether you are eligible to make a claim is not always straight forward which is why it is important to contact a lawyer who will be able to advise you in determining your eligibility.
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What will we do if you have a claim?
The lawyer will consider the policy definition and see if your circumstances fit the required criteria. In nearly all cases there are detailed claim forms that need to be completed and the claim will need to be supported by reports or certificates from your doctors. The superannuation insurer may choose to obtain their own medical reports. If your claim fits the criteria we can assist you to begin the process of maximising your claim for your greatest possible benefit.
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What are you entitled to claim for?
There are a number of different payments that you may be eligible for through your superannuation claim. The amount of TPD payouts vary but they are usually considerable lump sum payments. Income protection payments through policies of superannuation are usually between 7o and 80 percent of your usual income. The payments generally last for two years or can be paid until retirement age.
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When should you seek legal advice?
It is important to seek legal advice as soon as possible following an injury or illness that prevents you from working. The policies and definitions can be complicated and there are also time limits that can apply to these claims that you need to be made aware of.
Importantly, an income protection and TPD claim does not usually reduce other compensation claims that a person may be entitled to. Accordingly, payments made under superannuation funds are usually in addition to any workers compensation or motor vehicle accident claim payments.