Featured Image Caption: Successful TPD Claim
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Insurance is a big banking system because millions of people rely on them during emergencies. Whether it is medical or personal, insurance claims are key in this segment of finance. Most Australians have a TPD Insurance policy in connection to their superannuation funds. This article talks about making a successful TPD claim, and how to go about it.
TPD Lawyers are surprised to know that most of the people don’t even know they had TPD policies. And, the claim process also demands more work. So you can go from defining the TPD that meets the criteria, filling the claim form, medical evidence, sufficient proof, and finally chasing the insurance company, which takes a lot of work. So, before jumping into the case studies and other details, let us take a brief look at the subject.
What Is a TPD Claim?
A TPD claim is an application to claim a lump sum of money from your insurance company, under a TPD policy because most Australians have insurance or have separate TPD policies from superannuation funds. When a TPD insurance claim application is sent to the company, they must comply with the fact. Because it is on top of your superannuation fund balance, there are legal issues and you may need a lawyer’s help.
TPD Insurance is something you must know here because this is what relates the whole thing together. TPD is an abbreviation for “Total and Permanent Disability” and because of this; insurance companies are always under heat. A TPD policy provides you with a lump sum of money in case of an emergency. When you cannot work because of an injury or severe illness, you can make a TPD claim, and the insurance company must pay.
If a person is out of work for more than 3 months, then the person is eligible for compensation. This is because of severe injury or illness and with no prospect of returning to work, makes a candidate for applying to claim the TPD insurance. But, different policies have different provisions, and definitions, so you need lawyers to help you henceforth. So, what does entitle to call you totally and permanently disabled?
- Unlikely to attend or return back to your current occupation.
- Unlikely to return to any kind of occupation.
So, the TPD claim does not extend to any complex set of rules but is pretty basic. Because of this, Australians apply for TPD claims in hundreds of thousands each year. And, insurance companies most often reject them at the first glance. One thing that you must be noted that you don’t necessarily be unfit for all types of work, in order to claim successful TPD insurance. Because a specialist lawyer can study your superannuation funds, and help you make claims. So, you can make a free call or seek advice from local Perth no win no fee law firms.
There can be both successful and unsuccessful testimonials and case studies that help lawyers avoid repeating the same mistakes. It also supports your case if a court made a similar ruling in the past. Let us look at some here.
– Preston vs AIA Australia
This was a remarkable court ruling because a nominal wage carpenter took an insurance company to court because of refusal to pay his TPD claim. He took out insurance with AIA Australia, and they refused to pay because the original documents were in favor of the insurance company, the judge found because the injurer didn’t fit the policy definition of “accidental injury”. The decision of Mr. Preston was also held in NSW Court, Australia. The claim was filed in 2009, and the insurer made an initial payment of $3000.
Because of the policy definition, when the appellant made a case, he lost in the court. It appears that a previous injury in 1996 might have contributed to the 2009 mishap, hence forcing the carpenter to pay back the insurer in return.
– Ravesi vs National Australia Bank
Another case from a legal study is between Paul Ravesi and NAB. When he successfully made an argument that he was eligible for a damage claim, his advisor Peter Moore came to his rescue. Because of this, when the matter went to court, he found that he had taken a wrong policy under his employment. And, when he was in a serious accident, he was eligible for only half of the cover. This was a big blow. Thus, it leads to insurance replacement advice. From disputed documentation to other things, this had it all. As lawyers, it is always advisable to consult good law firms for handing your TPD insurance claim on superannuation funds.
This case dates back to 2006 and involved more than $200,000 from costs to cover. It continued in 2009, and the Judge found the verdict in the favor of the plaintiff.
– Smoking Status
In this claim from Adrian McDonald, she found difficulties because of a situation of smoking. Because he had quit smoking prior to taking the policy, the case study focuses on how important disclosure and definitions can become. What’s more significant here and as an advisor, it is a vital role and they help from contract to claim, successfully. The 2010 claim was a big thing because it involves heart condition, cardiomyopathy to qualify for $1.7 million for TPD payment.
The advisor’s brilliant arguments, supporting them with facts, and medical reports were responsible for a ruling in his favor. Because of a doctor’s notes mentioning him as a “lifetime smoker”, a lot went chaotic.
So, how do you successfully claim a TPD?
To summarize, first, you must contact your superannuation fund, because they will ask you to complete a number of steps. After the forms undergo assessment, they may pass it to the TPD Insurance Company, if everything is fine. Then, you have to wait for their decision on this. So, the key is always to follow the form submission process thoroughly and accurately because making an error can seriously jeopardize the claim and any hope for payment.
By Rahul Ghundiyal
who is founder of RNG SEO and author at Techssocial.
Member since January, 2021
View all the articles of Rahul Ghundiyal.