Skip to main content
Back to Personal Areas of Law

TPD & Superannuation Claims

Personal Areas of Law

Key Takeaway

We provide comprehensive advice and representation to individuals seeking to claim Total Permanent Disability (TPD) benefits and other insurance benefits through their superannuation funds.

We provide comprehensive advice and representation to individuals seeking to claim Total Permanent Disability (TPD) benefits and other insurance benefits through their superannuation funds. Our practice covers TPD claims, income protection claims, death benefit claims, and other superannuation-related insurance claims. We assist clients in understanding their insurance entitlements, gathering the required medical and other evidence, preparing and lodging claims, and managing disputes and appeals when claims are declined. Our team has extensive experience in dealing with superannuation fund trustees and insurers to achieve the best possible outcomes for our clients.

Many superannuation funds in Australia include default or optional insurance cover, including TPD insurance, income protection insurance, and death cover. TPD insurance provides a lump sum payment if the insured person becomes totally and permanently disabled and is unable to work in their usual occupation or any occupation for which they are reasonably suited by education, training, or experience. The definition of TPD varies between funds and policies, and claims are assessed by the fund trustee and the insurer. Income protection insurance provides monthly benefits if the insured is unable to work due to injury or illness. We manage the entire claims process.

TPD Insurance Definitions & Eligibility

TPD insurance policies in superannuation funds use various definitions of total and permanent disability. The most common definitions include the usual occupation test (unable to work in your usual occupation) and the any occupation test (unable to work in any occupation for which you are reasonably suited by education, training, or experience). Some policies also include a permanent incapacity definition or specific definitions for certain injuries or illnesses. We analyse the specific policy definition applicable to each claim and gather the medical evidence required to satisfy that definition.

Claim Process & Evidence Requirements

The TPD claim process involves preparing and lodging a claim with the superannuation fund trustee, who assesses the claim in consultation with the insurer. The claim must be supported by comprehensive medical evidence, including reports from treating doctors, specialists, and allied health professionals, as well as evidence of the impact of the condition on the claimant's ability to work. We manage the preparation of claim documentation, coordinate medical evidence, liaise with the fund and insurer, and respond to requests for further information. Our systematic approach ensures claims are presented in the strongest possible manner.

Appeals & Dispute Resolution

If a TPD or income protection claim is declined, there are avenues for review and appeal. The first step is internal review by the insurer. If the internal review upholds the decline, the claimant may lodge a complaint with the Australian Financial Complaints Authority (AFCA), which provides free and independent external dispute resolution. AFCA can make binding determinations including requiring the insurer to pay the claim. We represent clients at each stage of the dispute resolution process, preparing submissions, obtaining further evidence, and advocating for our clients' entitlements.

TPD & Superannuation Claims FAQs (Queensland Law)

What is Total Permanent Disability (TPD) insurance in Australia?

At our firm, TPD insurance provides a lump sum payment if you become totally and permanently disabled and are unable to work in your usual occupation or any occupation for which you are reasonably suited by education, training, or experience. Most Australian superannuation funds include automatic TPD cover, though the specific definition varies between funds. Some policies use an own occupation definition (easier to satisfy), while others use an any occupation definition (harder). TPD claims are assessed by the superannuation fund trustee in consultation with the insurer. The lump sum can range from $50,000 to $1,000,000 or more depending on your cover level.

How do I make a TPD claim through my superannuation fund?

At our firm, to make a TPD claim, you must lodge a claim with your superannuation fund trustee, providing comprehensive medical evidence demonstrating that your condition meets the policy definition of total and permanent disability. This includes reports from treating doctors, specialists, and allied health professionals, along with evidence of your inability to work in your usual occupation or any suitable occupation. The fund will also require proof of your employment history, qualifications, and skills. Claims can take 3 to 12 months to process, depending on the complexity and the quality of evidence provided.

What evidence is needed to support a TPD claim in Queensland?

At our firm, a successful TPD claim requires compelling medical evidence including detailed reports from your treating general practitioner and relevant specialists, diagnostic test results (MRI, CT scans, X-rays), and assessments from allied health professionals (physiotherapists, occupational therapists, psychologists). You also need employment evidence demonstrating your pre-injury duties and qualifications, and evidence of the functional impact of your condition on your ability to work. Independent medical examinations may be required by the insurer. The key is to demonstrate that your condition prevents you from performing the core duties of your occupation.

What happens if my TPD claim is declined in Queensland?

If your TPD claim is declined, our team helps you through the review process. You first request an internal review by the insurer, which must be conducted within 45 days. If the internal review upholds the decline, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA), which provides free external dispute resolution. AFCA can award compensation up to $1,065,000 (2025 limit) for superannuation complaints and can make binding determinations. If the claim value exceeds AFCA's limits or involves complex legal issues, you may consider court proceedings. We handle all stages of the appeals process.

Can I claim TPD and workers compensation at the same time in Queensland?

Yes, we can help you claim both TPD benefits through your superannuation fund and workers compensation through WorkCover Queensland simultaneously, but the payments interact. TPD benefits are generally paid as a lump sum and are not reduced by workers compensation payments, though some TPD policies exclude or reduce benefits if workers compensation is being received. Income protection benefits through superannuation may be reduced by any weekly workers compensation payments you receive. It is important to review the specific policy wording and seek legal advice about how the two claims interact to maximise your total entitlements.

Contact Us

TPD & Superannuation Claims Services

  • Total Permanent Disability (TPD) claims through superannuation funds including assessment of policy definitions and eligibility
  • Income protection insurance claims including monthly benefit calculations and ongoing claims management
  • Death benefit claims including distribution disputes and binding death benefit nominations
  • Superannuation fund insurance claim preparation including medical evidence and supporting documentation
  • Appeals against declined TPD and income protection claims including internal review and external dispute resolution
  • Assessment of TPD definitions across different superannuation funds and policies
  • Coordination of medical evidence including treating doctors, specialists, and independent medical examinations
  • Financial impact assessments including loss of income, superannuation, and ongoing financial needs
  • Superannuation complaints to the Australian Financial Complaints Authority (AFCA)
  • Advice on the interaction between TPD claims and workers compensation and CTP claims
  • Permanent impairment claims under superannuation fund insurance policies
  • Total and permanent disablement declarations and certifications

Last updated: July 2026

Need Help With a TPD & Superannuation Claims Matter?

Contact our experienced team today for a confidential discussion about your situation.

Get in Touch

Need legal assistance?

Contact us today for a confidential discussion about your matter.