Do I Need a Lawyer for a TPD Claim?

6 December 2023 | TPD Claims

It is 100% in your best interest to consult a lawyer for a TPD claim. While you may not need a lawyer per se, there is no question that having legal counsel in these matters has certain benefits.

Lodging an application for Total and Permanent Disability (TPD) is a daunting task. Furthermore, dealing with insurance companies on your own can be risky. A lawyer well-versed in TPD claims can provide the support and guidance you need and advocate on your behalf.

Are you looking for a lawyer for your TPD claim? Call 03 9966 7188 today for a FREE consultation with TPD Compensation Lawyers.

Can You Do Your Own TPD Claim?

Technically, yes. You can lodge a TPD application yourself and handle all of the steps that follow. There is no legal requirement for a solicitor to be involved at any point.

However, there are a number of practical reasons to consider having a lawyer handle your TPD claim. These include:

  • Understanding the insurance cover and whether you are eligible for Total and Permanent Disability.
  • Confirming that the disability is fully and accurately documented.
  • Ensuring that the Total and Permanent Disability application is complete and properly prepared.

The best time to involve a lawyer in a TPD claim is early in the process—ideally before you apply. If you run into difficulties and seek legal counsel at a later date, a TPD lawyer can still provide assistance with matters such as:

  • Reviewing the insurance company’s decision
  • Appealing the rejection of your application (if applicable)
  • Presenting additional medical evidence, negotiating with the insurer, and going to court (if necessary)

Ultimately, the question is not can you make a TPD claim without a lawyer; it may be possible to successfully claim the Total and Permanent Disability entitlement without a legal representative, particularly if the disability is obvious and well-documented. Rather, the question is should you get a lawyer for a TPD claim.

If your claim is complex, if more medical evidence is required, and/or the application has been rejected, these are all situations where contacting a specialist lawyer may be necessary. Appeals, complaints, and court proceedings in particular should be handled by qualified counsel.

Why Do TPD Claims Get Rejected?

Lack of medical evidence is the #1 reason a valid TPD claim might be rejected. If you are unable to work due to an injury or illness, you probably feel like the disability has been documented no end. Most applicants feel like they have plenty of records to support their claim.

Unfortunately, super insurers have a very specific definition of Total and Permanent Disability. This definition can be found in the insurance policy, but it is often housed in jargon that is difficult for the average person to understand.

When you hire a lawyer for your TPD claim, a knowledgeable legal professional will determine how Total and Permanent Disability is defined by your particular insurer. The lawyer will also evaluate your eligibility based on the evidence, the TPD waiting period, and other considerations.

Retaining a lawyer does not guarantee that your TPD application will be accepted. However, it does improve the likelihood that your claim will be approved, and disputes will be resolved in your favour.

How a TPD Lawyer Can Help

Individuals with a Total and Permanent Disability often face a number of difficulties in their day-to-day lives. Applying for a TPD benefit is essential for obtaining much-needed compensation, but the process can be time-consuming, overwhelming, and stressful.

Lawyers specialising in TPD claims can help take the stress out of the equation by managing the claim on your behalf. Experienced legal counsel can assist you with the following:

  • Understanding your insurance cover: Insurance policies contain complex language and clauses. Lawyers can help interpret these policies, ensuring you understand the terms and conditions and how they apply to your situation.
  • Evidence gathering and preparation: Your lawyer can take the lead in gathering all the necessary medical evidence, employment records, and other documentation for your application. Experienced lawyers have an in-depth understanding of the records and other evidence needed to substantiate a Total and Permanent Disability.
  • Managing the paperwork and filing the application: It is difficult to stay organised when dealing with insurance forms, medical records, and other documents. A TPD lawyer will be able to manage the paperwork on your behalf and assist you in completing and submitting the application.
  • Communicating with insurance assessors: All correspondence with the insurance company should be entrusted to your lawyer. This ensures that any requests for additional information are dealt with swiftly and promptly, in addition to minimising the risk of mistakes that can arise when applicants communicate with the assessor on their own.
  • Appeals and litigation: If your claim is denied or you are not paid the full entitlement you are due, a lawyer should represent you in appeals or legal proceedings. Insurance companies control the appeals process and have a distinct advantage in court. You need a skilled advocate who can navigate the legal system and protect your rights.

Ultimately, having a lawyer for your TPD claim provides much-needed peace of mind in a difficult situation. Rather than having to worry about complex insurance matters and legal processes, you can focus on your health and rely on the solicitor to use their expertise to your advantage.

What Do Lawyers Charge for a TPD Claim?

Cost is one of the main reasons people wait to hire a lawyer for their legal matter. Thankfully, most lawyers who handle matters of Total and Permanent Disability do not charge clients any upfront costs. In addition, the client does not pay fees until the claim is resolved favourably.

At TPD Compensation Lawyers, we make a No Win, No Fee agreement with each of our clients. In addition to not charging fees unless we obtain a payout for our client, we also do not charge our clients for third-party costs (disbursements) unless the claim succeeds—this is very rare among TPD lawyers.

Speak to a Specialist Lawyer About Your TPD Claim

TPD Compensation Lawyers handle claims on behalf of clients throughout Australia. Our team has more than 40 years of experience with complex insurance and legal matters. After gaining a thorough understanding of your claim, our priority is obtaining the maximum Total and Permanent Disability benefit. You pay nothing unless your claim is successful.

Contact TPD Compensation Lawyers today for a FREE consultation.