TPD and income protection lawyers in Brisbane

01

Who we act for in Brisbane and Queensland

We act for people in Brisbane and throughout Queensland claiming TPD, income protection, death or terminal illness benefits through superannuation or a policy they hold, including claims that have been declined. We can help at any stage, from finding every policy you hold and lodging the claim, through an internal review and a complaint to AFCA, to court. Our offices are in Eight Mile Plains and Brisbane City (by appointment), and we can meet at our office, at your home, or wherever you feel is most convenient, or by phone or video if you are elsewhere in Queensland. We act in English, Mandarin, Cantonese, Hakka or Malay.

02

Where the cover sits

Superannuation funds add TPD and, often, income protection and death cover to members' accounts by default. You may also hold cover through a policy bought directly or through a financial adviser, through your employment contract or enterprise agreement, or across more than one fund if you have changed jobs. Each policy can pay independently, so the first step in every matter is finding all of it.

03

Total and permanent disability (TPD)

A TPD benefit is a lump sum, paid when an injury or illness means you are unlikely ever to return to work in an occupation suited to your education, training and experience. It does not matter who was at fault, and it can be claimed alongside a WorkCover or motor vehicle claim arising from the same event. Physical injuries, chronic illness, mental health conditions, neurological conditions and chronic pain can all qualify. What decides the claim is the exact wording of the policy's disability definition, and the medical evidence measured against it.

04

TPD claims for mental health conditions

Depression, post-traumatic stress disorder, anxiety and other psychiatric conditions can all be the basis of a TPD claim. The policy wording is the same as for a physical injury: the question is whether the condition makes it unlikely you will ever work again in a job suited to your education, training or experience. What decides these claims is the quality of the treating evidence, so a settled diagnosis, a consistent treatment history with a psychiatrist or psychologist, and reports that address the policy definition in terms are what we build the claim around. Some older policies carry a mental health exclusion or a shorter waiting period, which is why the first step is always to read the exact policy that applied when you stopped work. A mental health TPD claim can run alongside a WorkCover psychological injury claim arising from the same events.

05

Income protection

Income protection pays a monthly benefit, usually a percentage of your pre-disability earnings, while you cannot work. Unlike TPD it does not require the incapacity to be permanent, so it can start much sooner, and it can be paid and later stop as your condition or work situation changes. Many people hold both. Where they arise from the same injury or illness we run them together, so the evidence gathered for one supports the other, and we act when an insurer stops, reduces or offsets payments you were relying on.

06

Death and terminal illness benefits

Super usually carries death cover alongside TPD, and most policies pay a terminal illness benefit early, during the member's lifetime, where the medical certification the policy requires is in place. We assist families and members with both, including disputes about who the benefit should be paid to.

07

How we run a claim

You deal with your lawyer throughout. We identify every policy you hold, read each definition, and gather what the insurer will need before it asks: medical records and statements from your treating doctors, employment history, and records from bodies such as the ATO, Medicare and Centrelink. Preparing a claim properly usually takes a few weeks and depends on how quickly doctors and employers respond. Once lodged, insurers work to the Life Insurance Code of Practice timeframe of around six months, and we chase the file so that it does not drift.

08

If a claim is declined or disputed

Most declines come down to a handful of things: medical evidence that describes a diagnosis but not what it stops you doing at work; an argument that you could retrain for other work; a claim that cover had lapsed before you stopped working; or inconsistencies between the claim form, medical history and employer records. Each can be answered. The pathway is:

1. Procedural fairness: if the insurer is minded to decline, it must give you a chance to respond first. A strong response here often resolves the matter.
2. Internal review: every fund runs an internal dispute process. We engage with the trustee's actual reasons, with fresh medical evidence where needed.
3. AFCA: a free complaint to the Australian Financial Complaints Authority, which can substitute its own decision and direct that a benefit be paid.
4. Court: for larger or more complex claims, proceedings against the trustee or insurer, with a candid assessment of prospects before any step is taken.

09

Time limits

Super and insurance claims are not governed by the strict notice periods that apply to CTP and WorkCover claims, and it is common to claim years after stopping work. But cover can lapse when contributions stop, evidence gets harder to gather with time, and court proceedings do carry limitation periods. Start early.

10

Fees

1. No win, no fee. Our professional fees are only payable if the claim succeeds. We fund the outlays needed to run it, and in most cases they are not payable if the claim is unsuccessful; the exceptions are in the costs agreement, explained in writing before you sign anything.
2. The first consultation is free, by phone, Zoom, at our office or wherever suits you.