Superannuation and TPD Lawyers in Sydney and NSW

What is a TPD claim?

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 education, training, or experience, due to injury or illness. In Australia, TPD cover is most commonly included within superannuation funds—meaning, if you have super, you may have TPD insurance.

If your medical condition, be it physical or psychological, permanently prevents you from working, you may be eligible to claim a lump sum payment through your superannuation. Eligibility generally requires that you meet the specific definition set out in your super fund’s policy.

How do TPD claims work in NSW?

These are the key steps in making a TPD claim in NSW:

1. Notify your superannuation fund or the insurer about your condition and intention to claim and obtain a copy of the specific policy applicable to your claim.
2. Provide detailed evidence—this includes information such as medical reports, statements from your treating doctors, and information from your employer confirming you’re no longer able to work.
3. The insurer then assesses all the evidence against the policy’s definition of total and permanent disability.
4. The insurer may respond by requesting additional information, additional medical reports, or requesting that you attend independent medical examinations. It is essential to keep copies of all documents and correspondence.

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.

How can I successfully claim TPD insurance in NSW?

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.

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:

• Determining whether your policy applies an “own occupation” or “any occupation” test
• Obtaining strong 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

Many TPD claims fail because they are lodged too early, lack adequate evidence, or are framed incorrectly.

At Garling & Co Lawyers, all 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.

Our focus is securing the best results for seriously injured clients. We don’t take a volume-based approach, we focus on:
• Maximising TPD entitlements
• Managing all insurer communications on your behalf
• Reducing stress during an already difficult time
• Helping clients regain financial security and get back to what really matters

Types of superannuation TPD claims We Handle in and have won Sydney & NSW

TPD claims can arise from a broad range of conditions, including serious physical injuries, psychological illness, chronic pain, and debilitating medical diagnoses that can prevent returning to work.

Whether your condition results from a motor vehicle accident, workplace incident, or medical issue, our dedicated TPD team has successfully won claims in Sydney and NSW for spinal injuries, brain injuries, PTSD, cancer, and other life-altering conditions. Every TPD claim at Garling and Co is managed by an Accredited Specialist, ensuring you receive the highest standard of expertise and support throughout the process.

Our accredited specialists are here to fight for your rights

Dealing with the legal complications that come with a life changing illness or injury requires expert assistance. While the definition of “total and permanent disability” varies, Garling & Co examines every case individually. Our lawyers are not only seasoned professionals but are all Accredited Specialists in personal injury law, recognised by the Law Society of NSW for their superior knowledge and skill. We understand the complexities of TPD claims and deal directly with insurers on your behalf, fighting for your rights and ensuring you have the best chance of a successful outcome.

No matter your circumstances, we’re here to help you win an income protection claim that will secure the future of you and your family during this difficult time. If you’d like to see how our accredited lawyers have helped people like you win their superannuation insurance claims, please visit our Testimonials page.

Why choose Garling and Co for your superannuation & TPD insurance claim?

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.

Our transparent, fixed-cost fee structure means you only pay if we win, and you know what fees will apply from the outset, making high-quality legal representation accessible. 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.

Start your free online claim check now

Contact Garling and Co today and take the first step towards securing your future. Our NSW Accredited Specialist personal injury lawyers are ready to guide you through every stage; providing the expertise and support you need to achieve the best result. Start your free claim check to see if you’re eligible, and let us help you focus on your recovery while we handle the legal process.