If you have injuries or medical conditions that cause a Total and Permanent Disability (TPD), there are numerous benefits to engaging a TPD lawyer to help you through the claims process. Whilst you are not legally required to have a lawyer handle your claim, there are many advantages to entrusting the matter to a skilled legal professional.
Applying for a TPD entitlement is seldom a straightforward process. Living with a disability is difficult enough without having to deal with complex insurance law and getting the runaround from the insurance company.
Legal representation can make a huge difference in whether your claim is accepted and then receiving the maximum payout. To understand the full advantage of engaging a TPD lawyer, we encourage you to contact TPD Compensation Lawyers today.
TPD Compensation Lawyers serve clients in Melbourne and all of Victoria. Call 03 9966 7188 for a FREE, no-obligation consultation with an expert TPD claims lawyer.
Should I Get a Lawyer for a TPD Claim?
Yes, as a general rule, it is best to have a lawyer handle your TPD claim. This is a complex area of law, and insurance companies hold a lot of the cards.
The benefits of retaining a lawyer become apparent quickly when you learn how Total and Permanent Disability is defined. Rather than relying on the definition of disability used by the federal government or state agencies, insurers set their own definition of TPD. This definition isn’t always 100% clear, being written in legalese that can be hard to decipher and changes from insurer to insurer.
You might not fully understand how to read your insurance policy, but a lawyer well-versed in Total and Permanent Disability insurance will. This is essential for understanding whether you’re eligible for TPD compensation, as well as what is involved in applying.
The application process for TPD can be tough. Hiring a knowledgeable lawyer is the best way to obtain a payout.
Top 5 Benefits of Hiring a TPD Lawyer
Some TPD claims are relatively straightforward, but the majority involve some level of complexity. Insurance companies often engage in delaying tactics, request more information, and deny legitimate claims, leading to more frustration.
You don’t have to go it alone. Notable TPD lawyer benefits include:
1. Understanding What TPD Is
‘Total and Permanent Disability’ has a very specific meaning that can only be understood through a complete review of your insurance cover. Unless you make a habit of reading insurance policies, the conditions you need to meet to claim TPD cover will be difficult to understand.
Your lawyer can:
- Review your insurance policy.
- Compare your injury or illness to the definition of TPD used by the insurer.
- See if you’ve satisfied the waiting period.
- If you have multiple TPD policies, evaluate your eligibility for additional benefits.
- Explain all of this to you in plain English to cut through the jargon so you understand your position.
2. Help Collecting All Necessary Evidence
Your application needs to convince the insurer that you are totally and permanently disabled. This isn’t as easy as it sounds.
A TPD lawyer can help you collect any and all evidence you need for your claim. This includes:
- Medical records, including diagnosis, treatments, medications, etc.
- Additional medical attendant statements; these are reports from your treating doctors that specify how and why you’re unable to work.
- Evidence of your education, training, and experience, including positions held, nature of employment, etc.
- Documentation of previous income.
- Statements from recent employers concerning the effects of the disability on your capacity for work.
It can be difficult and overwhelming to gather all of these records and paperwork on your own. TPD claims lawyers know what evidence is required to prove your entitlement to Total and Permanent Disability compensation and collect much of it on your behalf, taking the mental load off of you and keeping the process as efficient as possible.
3. Knowledgeable Handling of Your Claim
TPD lawyers have already handled matters like this before, whereas this is your first time. Experience counts when it comes to preparing the application and submitting it to a super fund or insurance company.
Of all the TPD lawyer benefits, one of the most important is having a professional who can prepare the application for you and submit it to the insurer. Your lawyer will know how to fill out the forms, completing the paperwork in a fraction of the time it would take you to do it yourself.
Read More: Do I Need a Lawyer for a TPD Claim?
4. Navigating Requests for More Information
Insurance companies often ask for additional information when reviewing a TPD claim. Your lawyer can explain what the insurer is asking for and take whatever steps are required to fulfil the request. This may involve sending more documents, getting assessments from additional doctors, and more.
Once the application is submitted, you’re basically stuck waiting for a decision. The process can take 6–12 months, but your lawyer can provide you with peace of mind and guidance throughout this seemingly interminable time.
5. Exploring Additional Legal Options
Rejection of your TPD claim might seem like the worst-case scenario. You were counting on a Total and Permanent Disability payout to help you overcome the financial challenges of your disability. Now, it might seem like that compensation is no longer an option.
Fortunately, there are steps you can take if a TPD claim is rejected. Your lawyer can discuss the following options with you:
- Appealing the decision: Lawyers familiar with TPD claims can review the insurer’s decision and counsel you on options for filing an appeal. This generally involves obtaining additional evidence and submitting it to the insurer for re-review.
- Lodging a complaint: Your lawyer can lodge a formal complaint with the insurer if you believe there were issues such as poor communication, lack of responsiveness, and delayed review of your claim. Complaints go through an internal review process and may result in the approval of your application.
- Filing an AFCA complaint: The Australian Financial Complaints Authority (AFCA) investigates complaints against insurance companies and other financial firms. The AFCA’s complaint resolution process includes informal and formal methods for settling disputes.
- Going to court: If your claim cannot be resolved through other means, a TPD lawyer can handle all aspects of filing, preparation, and appearances before the court. Their ultimate goal is to secure a favourable judgement for you.
TPD lawyer benefits are not limited to assistance with your Total and Permanent Disability claim. Your lawyer can also explore any additional entitlements you may have through other compensation schemes and insurance cover.
Discover the Benefits of Hiring a TPD Lawyer
In recent years, the success rate for TPD claims has grown considerably. Unfortunately, this does not mean that your claim will be a walk in the park. Using an expert lawyer in TPD claims gives you the best chance of success.
At TPD Compensation Lawyers, we offer knowledgeable legal guidance and compassionate support for individuals with disabilities. We strive to understand your unique situation, delve into your TPD insurance cover, and skilfully handle all aspects of your claim.
With our No Win, No Fee agreement, you incur no upfront cost and only pay fees if we resolve the matter favourably for you. This is a significant benefit for our clients, as many disabled people may otherwise struggle to afford legal services.
Contact Us Today
During your FREE consultation, our team will assess your insurance cover and help you get started on your TPD claim. Contact TPD Compensation Lawyers today. Our TPD lawyer benefits are available to clients in and around Melbourne and throughout Victoria.