Can You Claim TPD If You Have Cancer?

1 July 2024 | TPD Claims

Making a TPD claim for cancer comes with a number of different challenges. Knowledgeable legal counsel is a must for proving your right to Total and Permanent Disability (TPD) compensation and maximising your entitlement.

Living with cancer is extremely difficult. Both the symptoms and the treatments can have an enormous impact on your day-to-day life and your ability to earn a living. In these circumstances, you owe it to yourself to explore your entitlement to disability compensation.

TPD Compensation Lawyers can assess your claim for FREE and help you lodge a TPD claim for cancer. We serve Melbourne and all of VIC. Call 03 9966 7188 today for assistance with your claim.

What Can I Claim If I Have Cancer?

People with cancer may qualify for multiple entitlements. We suggest that you fully review your superannuation insurance so you can understand what cover is available.

Super insurance generally includes the following:

  • Income protection insurance: Provides monthly payments if a disability makes it so you can’t work or you have to work fewer hours.
  • Total and Permanent Disability insurance: Provides a lump sum payment if you have a disability that completely prevents you from working.
  • Life insurance: Individuals with a terminal cancer diagnosis may be able to make an early claim on their life insurance cover. This payment can help with medical expenses, make up for lost income, and more.

You may be entitled to other benefits if you have been diagnosed with cancer, including the

Disability Support Pension through Centrelink. As a general rule, Centrelink entitlements do not affect your right to TPD (or vice versa).

What Are the Most Common Types of Cancer?

According to the Cancer Council, 1 in 2 Australians will be diagnosed with cancer by the time they turn 85. On average, approximately 50,000 people die every year due to some form of cancer.

Statistics gathered last year by the Australian Institute of Health and Welfare reveal the five most common types of cancer:

1. Prostate Cancer

Not only is prostate cancer the most common cancer in men, it is also the most common cancer diagnosis in Australia as a whole. Symptoms of prostate cancer may include:

  • Increased frequency of urination
  • Weak stream when urinating
  • Pain or discomfort while urinating
  • Difficulty emptying the bladder without straining
  • Blood in the urine
  • Pain in the areas surrounding the prostate, such as the hips, lower back, and/or upper thighs

2. Breast Cancer

Breast cancer is the most common cancer in women (though it can also affect men). Potential symptoms of breast cancer include:

  • A lump or bump in one of the breasts
  • Swelling and other changes in the shape of the breast
  • Nipple changes, including ulceration, discharge, and/or inversion
  • Changes in the colour and appearance of the skin of the breast, such as redness, scaliness, dimpling, or rashes
  • Unusual breast pain outside of the menstrual cycle

3. Melanoma

Worldwide, Australia has one of the highest rates of melanoma (the most serious type of skin cancer). Early signs typically consist of an irregular mole or spot on the skin that gets larger or changes colour over time.

Melanoma is extremely aggressive. Timely diagnosis and treatment are critical for preventing metastasis (i.e., spreading to other areas of the body) and improving patient outcomes.

4. Colorectal Cancer

Also known as bowel cancer, colorectal cancer typically starts as polyps inside the intestines. Symptoms of colorectal cancer may include:

  • Frequent diarrhoea, constipation, and other digestive issues
  • Changes in the consistency and appearance of stool
  • Blood in the stool
  • Incomplete evacuation of the bowels
  • Abdominal pain without clear cause
  • Pain in the rectum and/or anus

5. Lung Cancer

There are multiple types of lung cancer. Both smokers and non-smokers may be affected. Common symptoms of lung cancer include:

  • A cough that won’t go away
  • Shortness of breath and difficulty catching your breath
  • Pain in the chest and/or shoulders
  • Blood in the sputum

If you are concerned about any changes in your health, you should see a doctor as soon as possible. Early diagnosis can improve your prognosis, prevent disability—and even save your life.

Can I Claim TPD for Cancer?

When making a TPD claim for cancer, you need to show that you meet the definition of Total and Permanent Disability. Every insurer defines TPD differently, and it is important to satisfy all of the criteria to get your claim approved.

All aspects of your cancer diagnosis need to be documented in full. This includes the type of cancer, your symptoms, the treatment(s) you are receiving, the side effects of treatment, and more. You will then need to show how these factors affect your ability to work.

Cancer and its treatments can make it difficult to do your job or prevent you from working in another field. If you experience any of the following issues, you may be entitled to a TPD benefit:

  • Fatigue
  • Chronic pain
  • Nausea and vomiting
  • Weight loss and malnutrition
  • Loss of mobility
  • Difficulty breathing
  • Musculoskeletal issues, including muscle aches, bone loss, and loss of muscle mass
  • Sleep disturbances
  • Cognitive decline, including difficulties with memory, concentration, processing information, and ‘brain fog’
  • Anxiety, depression, and other psychological issues
  • Loss of the ability to care for oneself

Specialist TPD lawyers can review your medical records and individual circumstances, and aid you in completing the application. An experienced lawyer can also help expedite the claim if the cancer is advanced or terminal.

Read More: How Long Does a TPD Claim Take?

Is Cancer Considered a Disability in Australia?

Cancer is recognised as a legal disability in Australia. This means people with cancer are protected from workplace discrimination and unfair treatment by employers. It’s not the same as having a Total and Permanent Disability.

As we mentioned above, insurance companies have their own definition of Total and Permanent Disability. They also employ a specific process for applying for a payout. Evaluating your eligibility and making a TPD claim for cancer on your own can be difficult, which is why it is so important to retain legal counsel as soon as possible.

Get Expert Assistance with Your TPD Claim

People who have cancer need support—emotional and financial. A TPD entitlement can help these individuals and their families overcome financial challenges and provide peace of mind. Despite the awful toll cancer can take, there is no guarantee that your application will be accepted.

TPD Compensation Lawyers have an in-depth understanding of super claims. We can help you claim a Total and Permanent Disability benefit if you have been diagnosed with cancer. Our No Win, No Fee policy means you pay nothing upfront and only have to pay a fee if we are successful for you.

Contact TPD Compensation Lawyers Today.