What Is Required To Make a Successful TPD Claim?
To successfully claim TPD insurance, you must prove that your injury or illness prevents you from ever returning to work under the specific TPD definition in your policy. This usually involves:
Our Sydney and NSW Superannuation and TPD lawyers offer clear guidance, genuine support, and experienced legal advice to help clients understand and pursue their entitlements.
A Total and Permanent Disability (TPD) claim is usually an application for an insurance benefit made when an individual is unable to return to their usual occupation or to any position for which they have the education, training, or experience, due to injury or illness.
In Australia, TPD cover is most commonly included within superannuation funds. This means if you have super, you may have TPD insurance.
Successfully claiming Total and Permanent Disability (TPD) insurance in NSW can be complex. Insurers regularly dispute TPD claims, particularly where injuries are serious, permanent, or involve multiple conditions. Getting the right legal advice early is critical to maximising your chances of success.
To successfully claim TPD insurance, you must prove that your injury or illness prevents you from ever returning to work under the specific TPD definition in your policy. This usually involves:
Determining whether your policy applies an “own occupation” or “any occupation” test
Obtaining supportive medical evidence confirming the permanence of your condition.
Providing vocational and employment evidence showing you cannot return to a job for which you have the education, training or experience.
Preparing a legally precise claim that aligns with the insurer’s policy wording
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
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These are the key steps in making a TPD claim in NSW:
The claims process should take between 6 and 18 months to resolve. The variable time frame relates to the complexity of the claim, the quality of the evidence and the insurer. The insurer is required to act reasonably, fairly, and without unnecessary delay under Australian financial services law.
Choosing Garling and Co means your claim is in the hands of a dedicated TPD team made up entirely of Accredited Specialists in personal injury law.
Kerry Byrnes, a 2009‑qualified lawyer and Accredited Specialist since 2022, brings deep expertise in personal injury and TPD claims, consistently achieving life‑changing outcomes for her clients. She is known for her clear communication, compassionate approach, and unwavering commitment to helping people in need. Supporting her is Legal Support Specialist Myriel Sol Cruz, whose extensive experience in TPD matters ensures clients receive seamless, attentive care throughout their claim journey.
Legal Support Specialist
In most TPD, we provide a “No win – No fee” costs agreement which means you do not have to pay our legal fees until and unless you are successful in obtaining compensation for your claim.
Many TPD claims fail because they are lodged too early, lack adequate evidence, or are framed incorrectly.
At Garling & Co, all of our lawyers are accredited specialists in personal injury law. We act exclusively for people who have been seriously injured and are recognised for securing strong outcomes in complex and high-value TPD claims.
We pride ourselves on providing personalised, client-focused support—our team will keep you informed, answer your questions, and advocate fiercely on your behalf. We’re driven by one goal: helping you get back to what matters most.