Can You Work After Making a Total & Permanent Disability Claim?

Many superannuation policies offer a Total and Permanent Disability (TPD) benefit. It’s a wonderful safety net to have as TPD benefits are designed to provide a lump sum payment if an illness or injury prevents you from working.

TPD benefits were originally intended to provide enough money to make up for the lost super contributions you would have paid if your working life hadn’t been shortened. The lump sum benefit can be paid into your superannuation to provide an income during retirement. However, some people use their TPD benefit to assist with:

  • Re-education
  • Modifying their homes
  • Covering medical costs
  • Daily living expenses

Each superannuation policy tends to have a different definition of what is considered a total and permanent disability. As a result, you will need to get expert legal advice to determine if you could be eligible to apply.

That’s one of the reasons we always advise people to come to us in the early days of their illness or injury -just to get advice and an understanding of their TPD policy. There is absolutely no obligation and no cost to you as we work on a NO Win, NO Fee promise.

What is a total and permanent disability?

Generally speaking, when it comes to the definition of a total and permanent disability, it is commonly accepted that the injury or illness must result in a combination of these broad descriptions:

  • Must be unable to work again within your usual or own occupation
  • Must be unable to work within your education, training and experience
  • Must be unable to perform daily living activities
  • Must have lost the use of 2 limbs or your vision

However, it’s the definitions of the above broad descriptions which will determine your eligibility and that’s why you need to obtain advice from lawyers who are experienced in this type of claim.

Can you work after making a TPD claim?

Successful Total and Permanent Disability claims need to demonstrate you are no longer able to work within your own occupation, education, training and experience. Often, people will have transferrable skills which the insurers will use to reject your claim.

There are examples of people who have received a TPD benefit who have used some of their payout to retrain and return to the workforce – although it might be in a part-time or casual position.

However, for most people, the extent of their illness or injury is so severe, their TPD benefit is used to help cover the costs of rehabilitation, debt repayments and their future living costs.

Your super fund will require a great deal of information in order to release your benefit and this information will be sourced over time so it is unlikely you will receive a quick payout. Because insurers require a lot of information during the claims assessment process, it’s important to have strong support from experienced legal representation. That’s where we can help.

At Taylor & Scott, we have an experienced team of personal injury lawyers who offer a free TPD assessment. This will provide you with the clarity to know if you have a case to receive a TPD benefit. We’ll help you compile relevant documentation to support your case, if you have one, and we’ll tell you openly if you don’t.

All this with our No Win/No Pay promise. So, if you don’t receive compensation, we won’t either.

For straight-forward, honest advice from a team who cares, contact Taylor & Scott Lawyers by calling 1800 600 664 or make an online enquiry.

At Taylor & Scott, We Care For You.

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