Total and Permanent Disability (TPD) insurance claim payments provide a lump sum to help people who are totally or permanently disabled due to illness or injury and unable to work. RMB Lawyers recently had great success with an historical TPD claim, as the RMB Compensation Division explains:
Our client sought advice for a motor vehicle accident in 2017. The accident had caused significant spinal injuries. We investigated her entitlements under superannuation insurance for Total and Permanent Disability.
She had previously closed her superannuation account and withdrawn her funds as a result of a pre-existing medical condition. Therefore, when she sought advice, she did not have insurance cover.
RMB Lawyers was able to investigate when the pre-existing condition arose by obtaining historical medical records. We conferred with the superannuation fund and identified the technical terms of the insurance policy.
We were able to establish that she met the criteria under the policy back in 2012 (when the insurance was active). She was therefore entitled to access to her insurance benefit which exceeded $100,000.
TPD insurance is based on a contractual agreement which sets out the required criteria in order to access the insurance benefit. Provided the criteria was met when the policy was “in force”, it is possible for a claim to succeed even if the policy has since expired.
Time limits of six years generally apply to TPD claims. This means that you have six years from the date the policy criteria were met (i.e. from the date that you become incapacitated from work) in order to commence court proceedings to enforce your rights.
These claims rarely require court proceedings. However, if the claim is denied then such action may be required. The time limit is therefore important to keep in mind.
All work and advice provided in relation to TPD claims is performed on a “no win / no fee” basis. This transfers any risk of you not succeeding, and enables affordable access to legal advice for those who need it most.
If you think that you might have entitlements to an old or expired insurance policy, please contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website, time is often of the essence.