Seymour Furlong Lawyers

Pursuing a Total and Permanent Disability (TPD) claim can be a lifeline in times of unexpected hardship. Whether you face a health challenge that has altered the course of your life, or you are supporting someone else through the process, understanding how to file a successful TPD claim in Queensland is paramount.

This guide aims to simplify the complexities surrounding the documentation that needs to be gathered to lodge a successful TPD claim. It is primarily aimed at Totally and Permanently Disabled individuals in Queensland and their loved ones but can also provide invaluable information for HR personnel, employers, and medical professionals.

Understanding TPD Claims

Queenslanders who have suffered an illness or injury that renders them permanently unable to work may be eligible for a Total and Permanent Disability (TPD) payout. Most eligible individuals have coverage through their nominated super provider.

Gathering the necessary documents can be challenging for people adjusting to a life in which they cannot work, but it is an essential part of the process of filing a claim.

To file a TPD Claim, claimants will need to provide:

  • Medical evidence to support their TPD claims
  • Evidence of ongoing medical care and efforts to improve
  • Evidence of their work history
  • Proof that they cannot work in their profession (or any other for which they are reasonably qualified)

We’ll work you through the process.

Medical Evidence for TPD Claims

Medical evidence is the cornerstone of a TPD claim, as it enables your superfund to determine the legitimacy of a claim. People with legitimate claims may be rejected because of a lack of medical evidence, and the TPD claim form does not make the needed documents entirely clear.

Medical evidence should equip Qinsurance with a clear picture of your health, prognosis, and projected ability to work in the future.

Types of Medical Evidence

Authority 1 on the TPD claim form authorises your super provider to obtain medical records from the claimant’s GP. Authority 2 gives the insurer permission to request consultation notes as well. Some claimants may think this is sufficient, but it is essential to recognise that a comprehensive medical history may also include medical records from specialists or alternative health practitioners.

The more comprehensive the medical evidence, the higher the chance of a successful TPD claim. Types of medical evidence include:

  • Medical reports, which give detailed information about your health, including your diagnosis, prognosis, and treatment plan. 
  • Under the guise of medical reports, lab reports, imaging results, and test reports may also be included.
  • Medical certificates serve a practical purpose; employers often request them to grant sick leave.

Additional Medical Records

People facing injuries and illnesses may consult a variety of specialists and other healthcare providers, including psychologists or psychiatrists, in search of answers and treatment. Gathering records from all healthcare providers a claimant may have consulted can give a full picture of the claimant’s current and projected condition. 

Evidence for Ongoing Medical Care

Providing evidence that a TPD claimant is receiving ongoing medical care, taking every reasonable step to improve their condition, and cooperating with the recommendations made by healthcare providers is another crucial aspect of making a TPD claim. In some cases, the ability to prove participation in medical appointments and/or rehabilitation programs is key to proving that a person cannot work. 

Submitting treatment plans, prescriptions, evidence of attending a rehabilitation program, and care provided by in-home carers, including cleaning or cooking services, can make a strong case that you are totally and permanently disabled.

Work History and TPD Claims

Superfund’s Policy Requirements

Most superfunds require claimants to provide details of their most recent employer and any employment or other work they may have engaged in after suffering the injury or being diagnosed with the illness that rendered them totally and permanently disabled. 

They also require an Employer’s Statement, which invites your employer to share details of your job description, disability, and any work performed in a reduced capacity.

Further details about your work history can show a pattern of gainful employment that ceased when you became disabled. 

Documents to Prove Work History

Providing copies of employment contracts, payslips, offer letters, commendations received at work, photographs of being featured on your employer’s website, and other relevant documentation can play a role in confirming your work history when filing a TPD claim. While not strictly required, collaborating with your employer on getting these documents can strengthen your claim.

Evidence of Inability to Perform Work Tasks

To meet the definition of someone living with Total and Permanent Disability (TPD), claimants must demonstrate that they are unable to work — and, hence, also unable to perform everyday tasks and live an assistance-free lifestyle. 

Beyond the medical documentation described above, several additional documents can help with this:

  • Functional capacity evaluations detail what someone can and cannot do at work and beyond.
  • Financial records, including tax returns and bank statements, can prove that a TPD claimant has not derived financial gain from any form of work, and also demonstrates the resulting financial hardship.
  • Witness statements, including from colleagues, friends, or relatives, can back up a claimant’s assertion of being unable to work.
  • Disability benefits or other forms of government assistance may strengthen a TPD claim.

The Role of Professional Legal Assistance in TPD Claims

The TPD claims process is more complicated than it looks. Considering that your future depends on the outcome, it is wise to consult a legal professional. 

Personal injury lawyers have in-depth knowledge of the TPD claims process and potential pitfalls. They can:

  • Help you get the maximum amount of compensation. 
  • Assist you in preparing and filing your claim. 
  • Appeal a rejection if needed. 
  • Protect your rights. 
  • Make an inherently stressful process easier to navigate. 

The TPD lawyers at Seymour Furlong ensure your claim is handled efficiently, giving you the highest chance of success.

Assisting You With Documents for Your Claim

The TPD claim form looks simple — but it is crucial to provide supporting evidence that proves the legitimacy of your claim. Unless you already have an in-depth understanding of the TPD claims process, you may fall short and potentially have your claim rejected. 

Seeking expert legal assistance is often a wise investment in your future — but Seymour Furlong Lawyers we have a no-win no-fee policy

Are you confused by the TPD claims process? Would you welcome an experienced lawyer as your partner in securing your future? Get in touch with Seymour Furlong Lawyers for legal help today, and discover how we can help you win your TPD claim.

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