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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...
Rachel R.
09:13 17 Nov 24
Although a long journey, the team at Garling & Co Lawyers have been amazing. They are thorough and clear with the processes and the expectations. It is a pleasure dealing with Emma and Rebecca. They... take all the weight off our shoulders when it comes to all the legal stuff and they make us feel comfortable and confident in their ability to look after us.read more
Angie & Brian M.
00:58 18 Sep 24
We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more
Yanthi S.
11:22 12 Sep 24
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more
Tina S
07:45 29 Aug 24
Thank you for the great outcome!
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
READ ALL TESTIMONIALS

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Rachel R.
09:13 17 Nov 24
Although a long journey, the team at Garling & Co Lawyers have been amazing. They are thorough and clear with the processes and the expectations. It is a pleasure dealing with Emma and Rebecca. They... take all the weight off our shoulders when it comes to all the legal stuff and they make us feel comfortable and confident in their ability to look after us.read more
Angie & Brian M.
00:58 18 Sep 24
We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more
Yanthi S.
11:22 12 Sep 24
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more
Tina S
07:45 29 Aug 24
Thank you for the great outcome!
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
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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