Total Permanent Disability Claims (TPD) - NSW
Have you got a TPD Claim in NSW?
If you have been injured and are now unable to work there are a number of benefits (compensation) that you may be entitled to. These benefits are outlined below. For further information please give us a call.
What is Total and Permanent Disability (TPD)?
The definition of TPD will be as set out in the rules of your superannuation fund (the Fund) and its associated insurance policies.
In most policies TPD means that because of a personal injury or sickness, a person is now unable to work in their own, or any, occupation for which they are suited by education, training, or experience
Generally, to show that you meet the definition of TPD, the policies will require an assessment by the trustee (the Trustee) of your Fund about whether you will ever again be able to work in any gainful occupation for which you are reasonably qualified by education, training or experience, or in your usual occupation.
Why do you need a TPD claims lawyer?
Will I have to provide medical evidence to the Trustee?
You will have to provide medical evidence to enable the Trustee to assess your level of disability.
This medical evidence should be sufficient to enable the Trustee and the Funds insurer to determine if you have suffered an illness or injury that made you TPD whilst an insured member of the Fund. Your medical condition as at the date you finished work, and the effect of that condition on your ability to work.
What can I do if the Trustee refuses to pay me my TPD entitlement?
It is generally best to try and resolve the complaint directly with your Fund in the first instance.
We recommend you start by sending a letter of complaint to your fund. This letter should set out your complaint in clear and precise terms, and should set out what you want the Fund to do to resolve your complaintand make sure you keep a copy of your letter and any documents enclosed with it.
If the Fund doesnt resolve your complaint then after 90 days, you can apply to the Superannuation Complaints Tribunal (SCT) to have it resolve your complaint.
How long do I have to apply to the SCT?
For the SCT to be able to deal with your complaint; your claim for the payment of a TPD benefit must have been made within two years of you permanently ceasing employment; you must have permanently finished employment because of the injury/illness that gave rise to your TPD claim; your complaint is made to the SCT within two years of the trustee's decision to reject your TPD claim.
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