A Total and Permanent Disability (TPD) claim is made when a person becomes unable to work due to illness or injury. It provides a lump-sum benefit through your superannuation fund or insurance policy to help with living expenses, medical costs, and financial stability.

Eligibility usually requires that you are unlikely to ever return to work in your previous role or any other role suited to your education, training, or experience. Each superannuation fund and insurer has different definitions, so it’s important to review your specific policy.

On average, TPD claims take between 3 to 6 months to be assessed, depending on the complexity of the claim, medical evidence available, and the insurer's response times. Providing complete information early can help avoid unnecessary delays.

No, you are not required to withdraw your entire super balance. Once the condition of release is met, you may choose to withdraw as much or as little as you need or leave the balance in your fund until retirement.

Tax may apply if you access your superannuation before reaching your preservation age. The tax rate depends on your age and the components of your super balance. Generally, withdrawals after age 60 are tax-free.

Yes. If you have multiple superannuation accounts with separate TPD cover, you may be able to make more than one claim – provided each fund’s policy allows it. Each claim is assessed independently.

If your TPD claim is declined, you have options:

• Request an internal review by the fund or insurer;
• Lodge a complaint with the Australian Financial Complaints Authority (AFCA); and
• Seek legal advice and consider court proceedings if necessary

WKB Lawyers can assist at every stage, including challenging unfair decisions.

A wide range of conditions may qualify for a TPD claim, including:

• Physical injuries (e.g. spinal damage, amputations);
• Chronic illnesses (e.g. cancer, neurological diseases); and
• Mental health conditions (e.g. depression, PTSD, anxiety).

Yes. Most policies require that you have ceased work and been continuously unable to work for a minimum period (usually 3 to 6 months) before lodging a TPD claim. This allows time to assess whether your condition is truly permanent.

Yes. Early access may be available under the following grounds:

• Severe financial hardship – if you are unable to meet reasonable and immediate living expenses
• Compassionate grounds – such as medical treatment or avoiding foreclosure
• Permanent incapacity – due to illness or injury preventing you from returning to work

Many treating doctors are unfamiliar with the legal and evidentiary requirements involved in superannuation insurance claims. This can sometimes lead to confusion or incomplete reports that may unintentionally impact your claim.

At WKB Lawyers, we’re highly experienced in communicating with medical professionals and clarifying what insurers require under the specific definitions of your policy. We can brief your doctors accordingly and assist them in preparing statements that properly address the legal criteria.

If needed, we also work with a panel of carefully selected independent medical specialists who understand this area of law and can provide additional expert evidence, especially in more complex or borderline claims.

We completely understand the hesitation, especially if you've never dealt with a lawyer before or have had a negative experience elsewhere. But not all firms are the same.

WKB Lawyers is a boutique practice that specialises exclusively in superannuation and TPD claims. This singular focus means we deeply understand the legal and medical complexities involved, and we’ve built systems, relationships, and experience to get the best possible outcomes for our clients.

We offer:

• Fixed-fee, no win no fee arrangements
• Expert guidance through the entire process
• Strong advocacy with insurers and super funds
• Personalised support with compassion and transparency; and
• We handle the paperwork, medical evidence, legal arguments, and negotiations so you don’t have to face it alone.

We’re happy to work transparently with clients on fees, but we don’t offer generic quotes without understanding your circumstances first. This is often done some firms to win your business and this may not always be in your interest without knowing your rights.

Before we take on a matter, we assess your individual situation, what stage your claim is at, the strength of your medical evidence, and the amount of work required. Sometimes, it’s a matter of timing, and acting too soon may actually reduce your chances of success.

Once we’ve had an initial discussion, we’ll let you know:

• Whether we believe we can assist;
• What work will be involved; and
• The fixed professional fee on a no win, no fee basis.

Our goal is to give you the best possible chance of success, not just rush to lodge a claim.

Yes, we assist with these situations frequently.

If you’re working with another firm, we would first encourage you to raise your concerns directly with them. Sometimes, a simple conversation about expectations or communication gaps can resolve the issue.

If the problem persists, or you're feeling unsure about the advice you’ve been given, we're happy to offer a free second opinion. We’ll review your claim and let you know if we think we can help.

Please note if a previous firm has already done substantial work, they may hold a lien over the file – which means they may be entitled to part of the fees from any eventual payout. Some clients are willing to accept this to receive better support and peace of mind going forward. If you do decide to change representation, we’ll explain all costs clearly so you can make an informed choice.

Yes, at WKB Lawyers, we specialise in superannuation insurance law, and we've dealt with just about everything under the sun. Whether its total and permanent disablement (TPD), income protection (IP), death benefits, claims handling delays, outdated policy definitions, or complex legal disputes, we’ve seen it all and know how to handle it. Our extensive experience spans working with and against major superannuation funds and insurers across Australia

Over the years, we've successfully handled claims involving many of Australia's leading superannuation funds and insurers, including:

Superannuation Funds:

• Australian Super
• Australian Retirement Trust (ART)
• QSuper
• Hostplus
• CBUS Super
• UniSuper
• HESTA
• Aware Super
• Care Super
• REST Super
• NGS Super
• Vision Super
• Spirit Super
• First Super
• Prime Super
• Active Super
• State Super
• Telstra Super
• Mine Super
• Legal Super
• Brighter Super
• Mercer Super
• Colonial First State
• AMP Super
• MLC Super
• BT Super
• OnePath
• Zurich Super

Life Insurers:

• TAL Life Limited
• AIA Australia Limited
• Zurich Australia Limited
• MLC Limited
• MetLife Insurance Limited
• Resolution Life Australasia Limited
• ClearView Life Assurance Limited
• CommInsure
• OnePath Life Limited
• BT Life
• Hannover Life Re of Australasia Ltd
• Swiss Re Life & Health Australia Limited
• Munich Reinsurance Company of Australasia Limited
• Pacific Life Re (Australia) Pty Limited
• RGA Reinsurance Company of Australia Limited
• SCOR Global Life Australia Pty Limited
• NobleOak Life Limited
• Allianz Australia Life Insurance Limited
• HCF Life Insurance Company Pty Ltd

Our deep understanding of the processes and requirements of these organisations enables us to navigate complex claims effectively, ensuring the best possible outcomes for our clients.

If you have any further questions or need assistance with your superannuation or insurance claim, please don't hesitate to contact our friendly team.

Absolutely. We assist clients across every state and territory in Australia, and your location does not affect your ability to make a superannuation insurance claim or to work with us.

Superannuation and insurance claims (including TPD, income protection, and death benefit claims) are not restricted by state-based laws. What matters is the terms of your policy – not where you or your lawyer are located.

We work with clients every day via phone, email, and video conferencing. Most claims can be run entirely remotely, and we’ll guide you through the process step-by-step, wherever you are.

So whether you’re in Brisbane, regional WA, or a small town in Tasmania – we’ve got you covered.