Mental health claims account for a significant number of Total and Permanent Disability (TPD) applications. Unfortunately, TPD insurers often try to minimise mental illnesses and deny claimants the compensation they are due. That is why you need an experienced lawyer to make a successful TPD claim for mental health.
People with severe mental health issues know how debilitating they can be. If you are unable to do your job or work in any capacity due to a mental illness, you may be entitled to Total and Permanent Disability compensation.
If you have a serious mental health condition, TPD Compensation Lawyers can explore your entitlement through superannuation insurance and other cover. Call 03 9966 7188 today for a FREE consultation with a TPD claims lawyer in Melbourne, Victoria.
Can I Make a TPD Claim for Mental Illness?
Total and Permanent Disability insurance provides a lump sum payment if you are unable to work due to injury or illness. Both physical and psychological conditions are included in most TPD policies.
Mental illnesses for which you may be entitled to a TPD benefit include:
- Clinical depression (also known as ‘major depression’ or ‘major depressive disorder’)
- Severe anxiety
- Post-traumatic stress disorder (PTSD)
- Bipolar disorder
- Schizophrenia
People who have never struggled with their mental health often don’t realise how serious these conditions can be. They often lead to physical as well as psychological symptoms, such as nausea and vomiting, headaches, chest pain, vertigo, panic attacks, and more.
Both the mental and physical effects of mental disorders can make it difficult or even impossible for you to do your job. They can also prevent you from pursuing alternative means of employment, as well as care for yourself. Ultimately, these issues should satisfy the definition of TPD used by superannuation insurance and/or other policies you may have.
How Do You Make a Successful TPD Claim for Mental Health?
Following these steps can help you make a successful mental health claim for TPD:
1. Confirm you have TPD insurance cover.
You probably have super insurance that includes TPD cover through your employer. If you’ve held multiple jobs, you may have cover through multiple TPD policies. You should also determine if you have Total and Permanent Disability insurance outside your superannuation fund.
2. Get a diagnosis.
If you are struggling with feelings of sadness, panic, mood swings, intrusive thoughts, behavioural changes, and other signs of mental health issues, it is important to seek medical care straight away. The first step is to see your GP.
Your doctor can perform a complete mental health evaluation and discuss any physical symptoms you’re experiencing. The GP may prescribe medication and/or refer you to a mental health professional (such as a counsellor, psychologist, or psychiatrist).
TPD claims must be supported by reports from at least two medical practitioners involved in your care. Medical reports should include details on your condition, including the official diagnosis, treatment you’ve received, and how the mental illness affects your ability to work. These details are critical for convincing the insurance company of your entitlement to a TPD payout.
3. Determine whether you should continue working.
Some people with mental health challenges are able to manage their symptoms and continue in their careers. For those with severe symptoms, continuing to work may not be an option. A mental health professional can help you make decisions about whether it is advisable for you to keep working.
4. Assess your eligibility for TPD compensation.
You need to be unable to work for a certain amount of time to be considered totally and permanently disabled. This is known as the waiting period. You will also need to meet the eligibility criteria for Total and Permanent Disability:
- A mental illness prevents you from working in any capacity (‘Any Occupation’ cover).
- You are unable to do your current job due to a mental health issue (‘Own Occupation’ cover).
- Issues with mental health prevent you from caring for yourself (‘Activities of Daily Living’ cover).
Insurance documents are not written in plain English. The best way to find out if you qualify for a TPD entitlement is to consult a knowledgeable lawyer.
Read More: Any Occupation vs Own Occupation Cover
5. Speak to a TPD lawyer ASAP.
The process of applying for Total and Permanent Disability can be difficult. Experienced legal counsel is vital for understanding your TPD cover, gathering necessary information for the application, completing and filing your claim, and understanding the insurer’s decision.
At TPD Compensation Lawyers, we have helped numerous clients obtain benefits for injuries, physical ailments, and mental health conditions. We understand the serious ramifications of a disability and strive to obtain the maximum payout on your behalf. Contact us today to get started on a successful TPD claim for mental health.
Insurance Companies Sounding the Alarm About Mental Health Claims
According to Beyond Blue, half of all Aussies experience some sort of mental health struggle. This number appears to be on an alarming upward trend, and TPD insurers are taking notice.
The number of TPD claims for mental health has risen more than 700% in the last decade. Many of the people leaving the workforce due to mental health issues are in their 30s—a time of life generally considered to be prime employment years.
Insurance companies are not releasing these data for altruistic reasons. They are concerned about their bottom line, and reports like this are intended as a warning to the insurance industry—not to the general public. Insurers will likely use this information so they can find ways to minimise payouts for mental health.
Knowing how insurers operate, we expect that it will become more and more difficult to make a successful TPD claim for mental health. Don’t get discouraged if your claim is denied; TPD lawyers who are well-versed in appealing rejected claims can help you secure an entitlement.
Does a Mental Illness Need to Be Work-Related to Get TPD?
No, mental health issues do not need to be related to your work for you to qualify for Total and Permanent Disability. TPD insurance does not function like WorkCover (Victoria’s workers’ compensation scheme), where benefits are only available if a psychological injury is work-related.
A mental illness may be caused by a traumatic incident (such as a traffic accident or assault), or it may be unrelated to a specific event. The most relevant fact is that the condition prevents you from working, not that the disability was caused by your work.
How Long Do TPD Mental Health Claims Take?
Estimating how long it might take for TPD applications to be processed and approved can be difficult. Relatively straightforward claims may be resolved in as little as 6 months, while more complicated claims usually require at least a year.
With TPD claims for mental illnesses, it is especially important to ensure that the disability is fully documented before applying for a benefit. The effects of mental issues are not always obvious, and lacklustre or missing evidence may result in:
- The insurer requesting additional information, which can prolong the review process.
AND/OR - Denial of your application for a TPD benefit.
Making a successful TPD claim for mental health takes time. It also requires knowledge of what insurance companies are looking for and how they review applications for Total and Permanent Disability benefits. Hiring an experienced TPD lawyer can expedite the claims process, as well as improve the likelihood of a successful outcome.
Get Help with Your TPD Mental Health Claim
Your mental health is important, and you shouldn’t have to choose between your well-being and earning a living. TPD Compensation Lawyers are committed to helping people with mental illnesses and other conditions obtain the full Total and Permanent Disability benefits they deserve.
Our expert knowledge of complex insurance law enables us to skilfully navigate superannuation and other TPD polices. We evaluate your insurance cover, collect all medical evidence, and prepare the application on your behalf. Our legal services are provided on a No Win, No Fee basis. You only pay us fees if we get you a TPD payout.
TPD Compensation Lawyers handle mental health claims in Melbourne and throughout Victoria. Get your FREE claim check to see if you’re eligible for a Total and Permanent Disability entitlement for mental health.