Understanding Your Rights When Filing a TPD Super Claim

 Understanding Your Rights When Filing a TPD Super Claim

A TPD Super Claim can provide necessary monetary changes if an illness, injury, or disability takes place. Legal rights and protections along the process are, however, unknown to most. Knowing your rights is important; it is your first step towards receiving reasonable treatment from your superannuation fund and your fund’s insurer. Here is some information you should have before and during a TPD claim. 




You Have the Right to Access Your Policy Information

Your superannuation fund is legally required to give you the following:


  1. A copy of your policy

  2. Product disclosure statements

  3. Guidelines that are used internally to make a decision about your TPD claim. 


These documents give you information about the insurer’s definition of Total and Permanent Disability, what the eligibility requirements are, what the waiting periods are, what the requirements are from you, and so on. You can and should see these documents before you submit your claim.

Fair Assessment Rights Regulations

For Fair Assessment Rights regulations, insurance providers must act to insure your TPD Super Claim in a fair, reasonable, and timely manner. This means that they are obligated to do the following: 


  1. Responsibly look through any and all medical documentation

  2. Understand the actual ability to go back to work

  3. Remain neutral and do not make unreasonable, baseless assumptions


If the insurer requires further medical documentation or Independent Medical Examinations (IME), they must be done by qualified and relevant specialists, and must be relevant and required.

You Have the Right to Provide Your Own Medical Evidence

You have the right to provide medical documents from your treating doctors and specialists. Your own medical team knows the history of your condition best and their documents are of great value. This may outweigh the opinions of the insurer’s assessors, particularly when it comes to differences of opinions or inconsistencies.

You Have the Right to Have Multiple Claims Assessed

Many Australians have multiple super funds, and each of them will have their own TPD insurance. You have the right to submit a TPD claim to each and every one of the funds where you had active insurance at the time you ceased employment. Winning multiple claims can greatly amplify your overall payout.

You Have the Right to Challenge a Decision

If your TPD claim has been delayed, if it has been assessed or if it has been rejected without proper justification, you are entitled to: 


  1. Ask for an internal review

  2. Make a complaint

  3. Send the matter to the Australian Financial Complaints Authority (AFCA)

  4. Obtain legal representation for the purpose of challenging the decision


A refusal is not the end of the matter. Many claims are denied at first, yet the appropriate evidence and submissions are provided and claim regrets are overturned.

You Have the Right to Legal Support

You are legally permitted and generally recommended to get professional help. For example, a lawyer can:


  1. Clarify certain policy language

  2. Obtain necessary medical records

  3. Deal with your insurer

  4. Defend and retain your rights during the process


This would likely reduce anxiety and increase the likelihood of a successful and timely payout.

Why Trust WKB Lawyers With Their TPD Super Claims

WKB Lawyers specializes in TPD Super Claim and insurance-related legal matters. This gives us invaluable understanding of the superannuation insurers’ business model and how to defend your rights properly. Our staff has remarkable experience on TPD matters, having achieved 678 successful claims and $265 million (2020 to date) in payout on claims of all sorts; simple, complex, and even those which had been previously denied.

What Makes WKB Lawyers Unique


  1. Genuine understanding & assistance from professional experts

  2. Specialized strategy and support for your case

  3. No win, No Fee undertaken with no hidden fees or costs

  4. Assistance with medical documents, submission and appeals


WKB Lawyers is here to support you and protect your rights, whether you are starting your TPD Super Claim or disputing a decision.

Contact WKB today to obtain your Free Claim Check and speak to a TPD claims expert.


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