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Preparing your TPD Claim

Once you have determined you have TPD insurance with your superannuation fund or private Insurer, you can consider lodging a claim or engaging a lawyer to prepare the claim carefully.

At Garling & Co, we specialise in preparing and processing TPD claims for our clients. This article gives insights into the claims process when you choose Garling and Co to act on your behalf. We hope this helps you make an informed decision on how best to proceed with your claim.

Investigating the Claim:  

  1. Superannuation Statement – provide a copy to Garling and Co
  2. File opened – on receiving your statement Garling and Co will open your file.
  3. Sign authority – Garling and Co to obtain documents from your TPD fund and perform an ATO Lost Superannuation Search. You may have more than 1 TPD insurer, and by searching, we can ensure that we have exhausted all available options that you might have for TPD insurance.
  4. Contact fund – Garling and Co will contact your fund for copies of all policy documents, claim forms and clarification of the amount payable according to your date of disablement. We need your signed authority to do this. The date of disablement referred to in a TPD claim is generally when you last worked due to your injuries, plus the necessary waiting period, which may be three (3) or six (6) months.
  5. Document review – we focus on the definition of Total and Permanent Disablement. Your impairment must satisfy the criteria of this definition, and this definition will be considered throughout the preparation of your claim.
  6. Policy Definition and Other Documents – We will provide the written policy definition you must meet for your claim and the documents you need to provide for us to commence your claim. Below are examples of the documents you may need to provide:
    • Identification documents that may need to be certified.
    • Medical statements which need to be completed by one (1) if not two (2) treating practitioners certifying you meet the definition.
    • A copy of your resume to assist with determining your education, training and experience.
    • Relevant authorities that the Insurer has requested to be completed as part of the claims assessment process.
    • An employer’s statement confirms your employment until you stopped working.
  1. Client to contact medical providers – We then ask that you contact your treatment providers and request that they complete the necessary medical statements. You must do this because your claim cannot proceed without these medical statements.

 

Claim Preparation:  

  1. Schedule an appointment to review the draft claim.
  2. Finalise the claim form and draft letter of claim. Your legal specialist will review all your medical evidence to determine whether enough medical evidence already obtained on file would allow us to lodge your claim.
  3. Additional evidence – If you do not have insurance claims, such as workers’ compensation or motor accident claims that generate many medical documents, we will consider getting medico-legal evidence supporting your claim. This may include referral to an Occupational Physician who is a specialist in determining injuries and capacity for future work.
  4. Final review – Garling and Co will collate the claim and supporting documents. You will then complete a final review, and your claim is lodged with the necessary fund.

 

Assessment and Decision:  

  1. The claim is now pending. Garling and Co will regularly contact the fund while the claim is being processed. The Insurer will take some time to assess your claim as they need to carry out due diligence and check if you meet the necessary definition by liaising with your treatment providers, looking into your workers’ compensation or motor accident records and determining how your injuries comply with the required total and permanent disablement definition.
  2. Timeframe – This can take weeks to months and, unfortunately, is totally at the Insurer’s discretion.
  3. Decision Made – whether you are approved or denied your TPD benefits, they will then issue a decision to your legal provider.
  4. Successfully approved – you will need financial advice about the taxation implications for the payment of the benefit and complete forms for your fund indicating what you wish to do with the TPD amount. You can choose to:
    • Take the TPD amount from your fund.
    • Take the TPD amount and your account balance under the provisions of permanent incapacity.
    • Have the TPD amount transferred to your account balance.

5. Claim rejected – your legal specialist will review the decision and discuss with you the options available to obtain further evidence, provide submissions or dispute the decision of the Insurer.

 

We hope the above assists in your understanding of the processing

We hope the above assists in your understanding of the processing of a TPD claim. If you would like further assistance, please contact Garling and Co at (02) 9329 9500 or email us at info@garlingandco.com.au.

Professional woman typing on laptop at work.

Emma Perkins

Joining Garling and Co in 2019, Emma brings to the team a deep knowledge and understanding of Personal Injury Law. Since her admission in 2009, she has specialised in the fields of workers' compensation, victims' compensation, public liability, motor...
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.
READ ALL TESTIMONIALS

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Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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