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Total and permanent disability claim lawyers

Commonly asked questions

Completing the required paperwork for TPD claims can be time consuming and complicated. Claims officers who deal with these claims have the advice of lawyers and it is not unusual for TPD claims to be initially rejected.

Engaging a lawyer who is familiar with the process can remove the worry from what is already a stressful position to be in and maximise your prospect of the claim being accepted.

In order to succeed in a TPD claim, you need to be totally and permanently disabled, as defined by your insurer. While the definition can vary slightly from fund to fund, the usual requirement is that due to injury or illness, you are not able to work in your usual occupation or any other occupation for which you are suited by education, training or experience.

It is important to obtain the right evidence to maximise your prospects of succeeding with your claim. A TPD lawyer from Stacks Law Firm can assist you with this.

As the first step in making a TPD claim, you are required to lodge a claim form with supporting medical and employer evidence. The insurer will then usually require you to be assessed by a medical specialist for an opinion as to whether you suffer from total and permanent disability as defined in the policy.

The insurer’s specialist will often try to block your claim by finding that there is some work that falls within your education, training or experience that you can perform.

However, even if the specialist’s report is not favourable, you have the right to challenge their opinion. We can arrange for you to be assessed by a medico-legal specialist and if that report is favourable, we can file legal proceedings, with a judge having the final say as to whether or not your claim is accepted.

If the insurer rejects your claim and we start legal proceedings on your behalf, it does not necessarily mean that your matter will need to be determined by a judge. There are plenty of opportunities to negotiate with the insurer and often we can achieve a favourable result without the expense and delay of a court hearing.

Why Stacks?

Obligation free initial consultation
At Stacks Law Firm we believe that a person should be entitled to be advised of their legal rights regarding a potential claim without feeling obliged to proceed. For this reason, we are happy to meet with you on an obligation and cost-free basis to explain how the law operates and advise you on whether your potential claim is likely to succeed.
Appointments outside of business hours
At Stacks Law Firm we understand that due to work, family or other commitments, arranging a meeting during normal business hours can be difficult. For this reason, we are happy to meet with you either before or after usual office hours from Monday to Friday, or even on the weekend if preferred. It is our way of honouring our commitment to you.
Home visits if preferred
At Stacks Law Firm we understand that some clients find it difficult to attend a lawyer’s office and instead prefer to meet in their own home or a venue close to their home, such as a coffee shop. This may be for a variety of reasons, including convenience, comfort, or health or mobility reasons. We are happy to meet at your convenience and arrange the meeting in a location that best suits you.
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence

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