TPD & Income Protection Lawyers
Claiming on income protection insurance
When you experience a life-changing injury or illness, the financial consequences can be significant. As you come to terms with your condition, you and your loved ones may also be dealing with lost income, medical costs, and uncertainty about your future employment.
You may be entitled to claim income protection benefits through your superannuation fund or under a standalone income protection insurance policy. Depending on your circumstances, you may also be eligible to make a TPD claim for a lump sum benefit.
At Denning Insurance Law, our experienced TPD lawyers in Brisbane provide strategic advice and practical support for individuals navigating complex superannuation and insurance claims. We act only for policyholders – never insurers – allowing us to focus entirely on protecting your rights and pursuing your insurance entitlements.
Whether your claim has been delayed, denied, disputed, or you simply need help understanding the claims process, our team is here to help.
Total & permanent disability insurance claim
If you are partially or totally disabled due to injury or illness, you may be entitled to make a TPD insurance claim through your superannuation or insurance policy.
A successful total and permanent disability claim may result in a substantial lump sum payment, depending on your level of cover and policy wording. These benefits can assist with ongoing living expenses, rehabilitation costs, medical and rehabilitation costs, and financial support while you are permanently unable to return to work.
At Denning Insurance Law, our TPD lawyers assist clients with TPD and income protection insurance claims to help ensure they receive the maximum benefits available under their policies.
What is the difference between TPD and income protection insurance?
Although both types of insurance provide financial support after an injury or illness, they work differently.
TPD insurance
TPD insurance, or permanent disability insurance, generally provides a one-off lump sum payout if you are permanently unable to work due to physical injuries, serious illness, or mental health conditions.
Depending on the policy wording, you may need to demonstrate that you are unable to return to:
- Your usual occupation, or
- Any occupation suited to your education, training or experience
Many Australians hold TPD insurance through their superannuation account without even realising it.
Income protection insurance
Income protection insurance provides ongoing monthly payments if you are temporarily unable to work due to injury or illness. These payments are designed to replace part of your lost income during a recovery period.
Unlike TPD benefits, income protection claims may involve ongoing medical reviews, waiting periods, and insurer assessments over time. In some situations, individuals may be eligible to make multiple claims across different policies or multiple super funds.
How our TPD lawyers help
Whether you have a new or existing claim, our experienced total permanent disability lawyers can assist with every stage of the process.
We regularly help clients with:
- Reviewing insurance cover and policy wording
- Identifying available claims through superannuation funds
- Preparing and lodging claims
- Gathering medical evidence and employment records
- Responding to insurer requests for further information
- Challenging denied or delayed insurance claims
- Managing disputes with insurers and trustees
- Assisting with internal review processes and complaints through the Australian Financial Complaints Authority
We understand that managing a claim while unable to work can feel overwhelming. Our goal is to make the process as stress-free as possible while helping clients pursue a successful outcome.
When should you speak with a TPD lawyer?
While some people manage their own claims successfully, legal advice may be helpful if:
- Your TPD claim has been denied
- Income protection payments have stopped unexpectedly
- The insurer disputes your medical evidence
- You are being asked to attend multiple medical assessments
- You are unsure about your insurance entitlements
- You hold cover through multiple superannuation funds
- Your claim has experienced unnecessary delay
- You are unsure whether your condition meets the policy definition of permanent disability
At Denning Insurance Law, we assist clients with complex claims involving physical injuries, terminal illness, multiple sclerosis, mental health conditions, and other serious medical conditions.
Free Initial Consultation
For each TPD insurance claim and income protection matter, we offer a free 30-minute telephone consultation.
During this obligation-free consultation, we can:
- Assess your potential claim
- Explain your policy wording
- Discuss likely next steps
- Identify possible issues or delays
- Provide guidance about legal fees and the claims process
We also offer a free claim check and a free super claim check for eligible clients.
How long do I have to make a TPD claim?
There is no single overarching time limit that applies to every superannuation or insurance claim. However, policies can vary depending on the insurer and policy wording, so it is important to seek advice as early as possible.
Strict time limits may also apply in some dispute situations.
What conditions qualify for TPD?
Policies differ, but common conditions may include:
- Cancer
- Back injuries
- Anxiety and depression
- Post-traumatic stress disorder
- Cardiomyopathy
- Dementia
- Motor neurone disease
- Multiple sclerosis
- Muscular dystrophy
- Other serious illnesses or permanent disability conditions
Whether you qualify depends on your policy wording and medical evidence.
How long does the TPD claims process take?
The length of the claims process can vary depending on:
- The complexity of the claim
- The insurer’s assessment process
- The quality of medical evidence
- Whether further assessments are required
Generally, a TPD insurance claim may take between 6 and 12 months to finalise, although some complex claims may take longer.
Can I claim TPD through my super fund?
Yes. Many Australians hold superannuation insurance through their superannuation policy. This may include:
- TPD insurance
- Income protection
- Trauma insurance
- Death benefit claims
A lawyer may assist in identifying available cover across multiple superannuation accounts.
Do I need a lawyer for a TPD claim?
You are not legally required to engage a lawyer to make a claim.
However, many people seek legal advice when:
- Claims become disputed
- Insurers request extensive documentation
- Medical evidence becomes contested
- Payments are delayed
- They need help understanding policy wording or insurer obligations
Our TPD lawyers can help guide you through the process and communicate with insurers on your behalf.
How much do lawyers charge for TPD claims?
Legal fees can vary depending on the complexity of the matter.
At Denning Insurance Law, we explain our fee basis clearly at the beginning of every matter. We do not charge clients a percentage of their payout. Instead, our fees are based on the work performed and the level of assistance required.
We also offer free initial consultations so clients can better understand their options before proceeding.