What Does a TPD Lawyer Do?
Total and permanent disability (TPD) insurance is held by many people, knowingly or not, through their Superannuation Policies. It’s also possible to take out a stand-alone TPD policy.
As its description suggests, TPD insurance provides a lump sum payout if illness or injury prevents a person from working in their occupation or earning a living at all into the future.
A successful claim can allow a person to have financial security for the remainder of their life.
Generally speaking, TPD policies are long and complex documents composed of a lot of ‘fine print’ on conditions under which the policy is honoured, including waiting periods and exclusions which might see a claim denied.
Common reasons for why an insurance company might deny a TPD claim include:
- disagreement over the evidence the claimant provides to support their claim;
- insufficient or unconvincing evidence of the debilitating effects of the illness or injury;
- not qualifying on age restrictions – you must be under the age of 65 when you stopped working;
- not meeting work history requirements;
- not meeting the waiting period required to see whether the injury settles;
- the TPD policy having become inactive;
- not submitting the claim within time limits.
How a TPD lawyer can help
Many people who submit a TPD claim have it denied on one of the grounds listed above and, because the process of making the application is time-consuming and complex, simply give up once their claim is denied.
TPD specialists such as Gajic Lawyers call on years of experience making this type of claim for clients to ensure the stress, time and difficulty is lifted from the injured or ill person.
Evidence is one of the key elements of any TPD claim. Proving a minimum level of disability to the insurer requires medical reports and written submissions.
Once received, an insurer may ask for further evidence to demonstrate whether the claimant is unable to work in their occupation or any occupation (depending on the type of TPD policy).
A person making a claim may also be asked to supply extensive work history records, tax returns, Medicare claims and medical history records, among other evidence.
A well-drafted written submission detailing how a person’s injury or illness related to the criteria in the TPD policy is also almost an essential part of a claim.
An experienced TPD law firm such as Gajic Lawyers can provide the right guidance in this situation to ensure that the evidence and written submission included in the claim are as convincing and persuasive as possible.
This process can take anywhere from 6 – 18 months or longer. Many people who are also dealing with recovery from injury and the worry of earning an income simply give up when faced with long delays in the processing of the claim.
Gajic will ensure not only that your claim is filed on time but that we will persist with the insurer to make sure your claim is resolved in the quickest time possible.
What happens if a TPD claim is denied?
If an insurer denies a TPD claim, it doesn’t necessarily mean the claim is ended.
In this situation, the expertise of a lawyer with knowledge of TPD dispute procedures is essential.
Insurers have internal dispute resolution services which may see the claim made again.
A complaint about the decision can also be made to the Australian Financial Complaints Authority.
As a last resort, court proceedings might be necessary to ask a court to overturn the insurance company’s decision.
In any of these situations, the advice of experienced TPD legal professionals is vital to give your claim the best chance of success.
Speak with Gajic Lawyers
At Gajic Lawyers, we have helped thousands of people navigate the difficulty posed by some TPD policies to make an effective claim.
If you have questions about any of the issues raised in this post, contact one of our Adelaide injury Lawyer expert, understanding professionals today.
