TPD & Superannuation Lawyers Queensland.
Quick answer
How do I claim a TPD benefit from my superannuation?
If an illness or injury has permanently stopped you from working, you may have a Total & Permanent Disability (TPD) benefit in your super fund. You claim directly through your fund's insurer. Most people don't realise they have this cover — AMK Lawyers checks your entitlements for free.
Most Australians have Total & Permanent Disability cover sitting inside their superannuation — and most don't know it. If injury or illness has stopped you working, you may be owed a lump sum, even if nobody was at fault. We check your cover for free, for clients across Queensland.
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What Is A TPD Claim?
A TPD claim is an insurance claim for a lump sum when injury or illness leaves you unable to work — made to the insurer through your superannuation fund. It is not a negligence claim: nobody has to be at fault, and the cause can be physical or psychological.
Cover is usually automatic with your super, paid for by deductions most people never notice. Typical payouts range from tens of thousands to several hundred thousand dollars per policy — money that exists for exactly the situation you're in.
Can You Claim TPD For Mental Health Conditions?
Yes. Depression, anxiety, PTSD and other psychiatric conditions are among the most common successful TPD claims — provided the medical evidence shows you're unlikely to ever return to work within your education, training and experience.
Insurers scrutinise psychological claims hard, leaning on treatment gaps and capacity arguments. Consistent treating evidence, properly framed specialist reports and a coherent work history narrative are what get these claims paid.
What Does 'Totally And Permanently Disabled' Actually Mean?
It means whatever your specific policy says — usually that you're unlikely ever to work again in any occupation suited to your education, training or experience. Some policies use a kinder 'own occupation' definition. The wording decides everything.
The definition is assessed at a date fixed by the policy, often after a waiting period. We read the actual policy terms before anything else, because the difference between 'own occupation' and 'any occupation' definitions can be the difference between a payout and a decline.
Can You Claim TPD From More Than One Super Fund?
Yes. If you hold multiple super accounts — common after changing jobs — you may have TPD cover in each, and you can generally claim on every policy that was active when you became disabled.
Old, forgotten accounts are a genuine treasure hunt: part of our free cover check is searching out every fund you've ever held and every policy attached to it. Consolidating your super without checking first can accidentally cancel claimable cover — get advice before you tidy up.
What If Your TPD Claim Was Declined?
A decline is not the end. Insurer decisions can be challenged — through internal review, the Australian Financial Complaints Authority, or court — and trustees have legal duties to pursue your interests, not the insurer's convenience.
Most declines come down to fixable problems: thin medical evidence, the wrong emphasis in reports, or misapplied policy definitions. We rebuild the claim properly and run the challenge No Win, No Fee.
Frequently Asked Questions.
Does a TPD claim affect my other compensation claims?
They can interact — TPD lump sums, WorkCover benefits and CTP damages each have their own rules, and sequencing matters. The right strategy often involves running claims in parallel; we coordinate them so one doesn't undercut another.
Do I have to be permanently unable to do any job at all?
Not any job in the abstract — most policies ask whether you can work in occupations suited to your education, training and experience. A bricklayer with a destroyed shoulder isn't expected to retrain as an accountant.
How long does a TPD claim take?
Typically 6 to 12 months for a well-prepared claim, longer if the insurer disputes it. Waiting periods in the policy also affect timing — another reason to start the free check early.
Is a TPD payout taxed?
TPD benefits paid inside super can attract tax depending on your age and how you withdraw them — sometimes significantly. We flag the tax position early so you can get the right financial advice before withdrawal decisions.
I'm still technically employed. Can I claim?
Possibly — what matters is your capacity to actually work, assessed under the policy definition, not whether an employment relationship formally exists. Many successful claimants were still 'on the books' when their claim crystallised.
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