Life with multiple sclerosis involves a variety of challenges. If the condition prevents you from performing your job or caring for yourself, you may be able to claim TPD for multiple sclerosis.
The majority of people with multiple sclerosis (MS) will experience some level of disability that keeps them from working. When you contact TPD Compensation Lawyers, we can determine if you qualify for Total & Permanent Disability and assist with all aspects of your claim.
We are committed to maximising our clients’ entitlements for life-altering illnesses and injuries. If you need help claiming TPD for multiple sclerosis, call 03 9966 7188 today for a FREE, no-obligation consultation.
What Is Multiple Sclerosis?
Multiple sclerosis is a disease of the central nervous system. In people with MS, the body’s immune system mistakenly attacks the sheathing around nerve fibres (myelin). This causes issues with the transmission of signals between the brain and the rest of the body.
There are several types of MS:
- Relapse-remitting MS (RRMS): This is the primary form of multiple sclerosis. It is characterised by periods of neurological symptoms, followed by periods of remission with little to no symptoms.
- Secondary progressive MS (SPMS): A significant portion of people will develop SPMS years or even decades after the initial diagnosis. People with SPMS experience a steady worsening of symptoms, as opposed to cycles of relapse and remission.
- Primary progressive MS (PPMS): In 10–15% of cases, symptoms of multiple sclerosis get worse for the duration of the disease. This is PPMS, and it typically results in disability at some point.
Currently, there is no cure for multiple sclerosis. Treatment can help alleviate the symptoms, but disability amongst people with MS is not uncommon.
What Are the Symptoms of Multiple Sclerosis?
Multiple sclerosis is an unpredictable disease, with symptoms of varying type and intensity. Some of the most common symptoms associated with MS include:
- Mobility issues, including trouble walking, loss of balance, and even paralysis
- Loss of coordination
- Numbness/pins and needles sensation in the extremities
- Eye pain
- Visual disturbances, including blurred vision, double vision, and vision loss
- Dizziness and vertigo
- Muscle spasms and stiffness
- Tremors
- Cognitive problems impacting memory, concentration, and thought processes
- Issues with bladder and bowel control
- Slurred speech
- Anxiety, depression, and other psychological issues
If you experience any of these symptoms, seek medical attention as soon as possible. Multiple tests are required to diagnose MS. The sooner MS is diagnosed, the sooner you and your care team (which generally includes a neurologist, rehabilitation physicians, one or more specialised therapists, and other medical professionals) can develop a treatment plan for your specific symptoms.
How Many People Live with MS?
According to MS Australia, more than 33,000 Aussies currently live with multiple sclerosis. MS is usually diagnosed between the ages of 20 and 40 years old, with women representing most cases.
Early detection and advances in treatments enable many people with MS to live rich, productive lives. However, if you become disabled, it is important to understand your eligibility for benefits—including TPD for multiple sclerosis.
How Long Does It Take for MS to Lead to Disability?
The progression of multiple sclerosis (and whether it progresses) can be very difficult to predict:
- People with relapse-remitting MS (RRMS) may experience periods of temporary disability, but permanent disability is unlikely due to the periods of remission that follow relapses.
- If RRMS advances to secondary progressive MS (SPMS), it usually occurs within 10 years of diagnosis.
- Disability tends to occur sooner with primary progressive multiple sclerosis (PPMS).
Anyone with multiple sclerosis, or another chronic illness, should be aware of their insurance cover and compensation options if they experience a decline in health. This will give you peace of mind should the disease progress and your capacity for work suffers.
Read More: What Are the Most Common TPD Claims?
Can I Work If I Have Multiple Sclerosis?
People with MS fight hard to maintain normal lives despite their illness. Innovative treatments and adaptive technologies often allow those with MS to continue their careers, while legal protections for employees with disabilities ensure that the disease doesn’t threaten their livelihoods.
Unfortunately, multiple sclerosis can sometimes be debilitating. Relapsing or progressive MS can severely impact the ability to work. If you find yourself unable to work and you are concerned about your finances, you owe it to yourself to seek legal counsel straight away.
Is MS Covered Under TPD Insurance?
TPD insurance policies don’t specify what conditions are covered. Rather, insurers assess the claimant’s condition in light of the specific definition of Total & Permanent Disability.
Key considerations when lodging a TPD claim for multiple sclerosis include:
Are You Able to Work?
If you have TPD insurance through a super fund, you will need to show that MS keeps you from working any job you would be otherwise capable of doing. This is known as ‘Any Occupation’ cover.
The TPD insurer will evaluate your capacity for work considering (a) the nature and severity of MS symptoms, (b) your professional background, and (c) the duties involved in any suitable occupations, and your ability to perform them. If it is determined that you are permanently and totally disqualified from work due to multiple sclerosis, you are entitled to a TPD payout.
Alternatively, Total & Permanent Disability may be assessed according to an ‘Own Occupation’ standard. With ‘Own Occupation’ cover, the TPD insurer will compare your condition to the ability to perform the duties of your current occupation only. This tends to be a much less restrictive threshold, however, to obtain TPD own occupation cover, you need to purchase it outside of superannuation. This type of policy has a higher likelihood of paying out if you experience a Total and Permanent Disability, which generally results in higher premiums.
Read More: Any Occupation vs Own Occupation Cover
Can You Care for Yourself?
Some super insurers have adopted a different threshold for Total & Permanent Disability known as ‘Activities of Daily Living’ (ADL). With ADL cover, claimants are considered disabled if they are unable to perform daily tasks such as walking on their own, feeding themselves, bathing themselves, etc.
Multiple sclerosis often interferes with day-to-day activities and the ability to work. An experienced TPD lawyer can review the insurance policy and help you pursue the compensation you deserve.
Read More: What Is TPD ‘Activities of Daily Living’?
How Do I Claim TPD for Multiple Sclerosis?
If you have been diagnosed with multiple sclerosis, it is important to understand the benefits to which you may be entitled. Most workers have superannuation cover through an employer—sometimes without knowing it.
You may have a claim for income protection if MS results in total or partial disability. Payments continue until the benefit period expires or you are able to resume your employment.
If the symptoms of multiple sclerosis persist and/or progress and you can no longer do your job, you should explore your right to Total and Permanent Disability cover. The insurance policy will specify the conditions that need to be met for a claimant to be considered totally and permanently disabled. A knowledgeable lawyer can cut through the insurance jargon and offer an honest assessment of your eligibility.
TPD claims must be supported by strong evidence:
- A medical assessment from your GP
- Reports from a neurologist and, potentially, other specialists
- Lab results
- MRI and other imaging
- Verification of employment
- Payslips, tax returns, and other financial records
Our team of lawyers can help provide qualified assistance with the TPD application process. This includes reviewing the insurance company’s decision, ensuring that the lump sum payment adequately compensates you for disability, and (if necessary) disputing the rejection of your claim.
TPD Compensation Lawyers Can Help
Insurance companies are mainly focussed on the bottom line, often resulting in not giving claimants the compensation they deserve. At TPD Compensation Lawyers, we take each claim on a No Win, No Fee basis. This ensures that clients can access qualified legal representation without having to worry about legal expenses.
Living with MS is challenging enough without having to be concerned about your finances. We are dedicated to helping you successfully claim TPD for multiple sclerosis and maximise your entitlement.
For a FREE consultation, call TPD Compensation Lawyers at 03 9966 7188 today. Our lawyers serve clients in Melbourne and throughout Victoria.