Total and permanent disability (TPD) is a claim that can be made against a person’s superannuation fund, and each fund has its own definition of the requirements to qualify for this benefit. As a generalisation, one could say that the member must be able to prove that they are unable to work, and should you be considering making a claim for TPD, you really should contact a suitable legal firm.
The Requirements for a Claim
If you are a superannuation member and wish to claim for TPD, you will need to fulfil the following requirements:
- The member must be incapable of work due to injury or illness.
- The member must have already ceased work.
- The member must be under the age of 65 at the time they ceased work.
- The member must have an insurance policy in effect on the date they ceased work.
Relevant medical evidence will need to be produced, and this is why it is essential to consult the right legal experts. If you are considering making a claim for TPD, simply search online for superannuation lawyers, and you should find a reputable company in your area.
Returning to Active Work
The tribunal would examine the medical evidence, and if they are satisfied with this, they will then look into the possibility of the claimant returning to active work. This would be determined by the following factors:
- The member’s work skills
- The current market for the specified labour
- The likelihood of the member making a recovery
It might be that the member is unable to do their regular job, but is able to work in another capacity. This does not automatically disqualify the member from making a claim, as the scope of work is outside the member’s current skill set, therefore training would be required.
The Claim Process
Should a superannuation fund member decide to make a claim for TPD, the process is as follows:
- Contact a qualified superannuation lawyer, who will request the relevant forms from the fund manager.
- The lawyer would then liaise with the doctors and the previous employer, and compile the evidence, which is then submitted to the fund manager.
- The find’s trustee would then determine the amount of your payout.
No Win – No Fee
This attractive offer means there is no risk of losing a claim and then having to pay a massive legal bill. No win – no fee means that in the event your claim in unsuccessful, there will be no charge for the legal services. This also means that any legal firm would judge each case on its merits, and if they felt there was little chance of success, they would refuse to take the claim.
TPD is designed to protect a worker who for one reason or another, is unable to work, and by using an experienced lawyer to handle your claim, you will have the essential financial support that allows you to have a secure future.