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What is a Total and Permanent Disability (TPD) claim?

A Total and Permanent Disability (TPD) claim lets you access a lump sum from your super if illness or injury means you’re unlikely to return to suitable work. TPD claims commonly arise from a range of medical conditions, including cancer, mental health disorders, musculoskeletal and neurological conditions, as well as cardiovascular, chronic, and other serious illnesses.

Our superannuation lawyers have supported Australians with TPD claims for decades, including disputed and denied claims. We work on a No Win, No Fee basis, so you can focus on your health without worrying about your finances. Send us a message or call 1800 196 050 to ask about our free initial consultations.

The most common medical conditions that lead to TPD claims

A TPD claim doesn’t need to relate to a work injury. Claims can be based on many different medical conditions, including:

Cancer is one of the most common reasons Australians make TPD claims. Treatment and long‑term side effects, such as fatigue, brain fog, or ongoing pain, can make returning to work difficult or impossible.

Mental health conditions can be just as disabling as physical illness. You can make a TPD claim for depression or other mental health conditions if your condition meets the insurer’s definition of permanent disablement, though these claims usually involve more detailed assessment.

Back injuries, chronic pain, arthritis, and repetitive strain injuries are common in physically demanding jobs. Even if you’re not in a heavy labour role, sitting for long periods with a spinal condition may meet TPD criteria if it significantly affects your ability to work.

Heart attacks, strokes, and heart failure often lead to long recovery times and can have lasting effects on physical stamina and cognitive function. TPD claims for cardiovascular issues usually rely on reports from cardiologists and rehabilitation professionals.

Conditions such as multiple sclerosis (MS), Parkinson’s disease, epilepsy, or acquired brain injuries can be unpredictable and progressive, making future work unsafe or impossible. TPD claims for these conditions typically involve neurologist reports, brain imaging, and assessments of cognitive and physical function. Traumatic brain injuries and strokes are common grounds for TPD claims.

Some long-term conditions may still qualify for TPD if they seriously limit your ability to work. Chronic pain, arthritis and other ongoing conditions can qualify, depending on how your policy defines work capacity. 

Some less common conditions can still support a valid TPD claim, depending on your policy wording. Coverage and assessment may differ from default superannuation cover, so the details matter.

Conditions that may qualify include:

  • loss of limbs, vision or hearing, including impairments from spinal cord injuries
  • respiratory diseases, such COPD, severe asthma, asbestosis, or mesothelioma
  • autoimmune conditions like lupus or rheumatoid arthritis
  • severe burns that significantly affect daily life and work capacity
  • cognitive impairment from conditions such as acquired brain injury, stroke, or advanced neurological disease
  • inability to perform Activities of Daily Living (ADL), such as bathing, dressing, eating or moving independently

No condition should be ruled out without proper assessment. What often determines the strength of a TPD claim is not the diagnosis itself, but the quality of evidence showing how that condition limits your ability to work or meet your policy’s requirements.

Given how much turns on specific policy wording, early legal advice is strongly recommended.

search Any questions? Check out our FAQs.

Eligibility for making a TPD claim

Mental health conditions can be harder to prove in a TPD claim, even when they’re seriously disabling. Unlike physical injuries, there’s no scan or test that shows psychological distress, so insurers rely on detailed evidence, including:

  • psychiatric assessments and reports from treating professionals
  • consistent treatment history and medical records
  • functional capacity assessments

We’ve supported clients through successful TPD claims for psychological conditions such as anxiety, depression, PTSD, bipolar disorder, schizophrenia, and other psychotic disorders. If you're unsure how to navigate a mental health-based TPD claim, our Superannuation & Insurance Claims team can help, including where a claim has been delayed, disputed, or denied.

While requirements vary between insurance policies, most will require you to meet two conditions:

  1. You’ve stopped working because of injury or illness
  2. Your condition is considered permanent and prevents you from returning to suitable work

Eligibility always comes down to the fine print, and tricky exclusion and eligibility clauses can be used to deny your claim. In some cases, it may be as simple as confirming that you were working when you became permanently ill or injured. In others, factors like your role, employment type, or hours worked at the time can affect whether your policy applies.

Some valid TPD claims are rejected or never reach a final decision. Most problems come down to technical issues rather than the strength of the condition itself, including:

  • missing, incomplete, or incorrect medical evidence
  • disputes about whether a condition is truly permanent, often due to limited specialist support
  • policy wording being misunderstood or applied under the wrong definition, leading to technical rejections

The process itself also be long and exhausting, especially for people already dealing with serious illness or injury. If your claim has been rejected or you’re struggling with the process, it may still be possible to challenge the decision or revive a withdrawn claim.

FAQs about common TPD claims

Whether you meet the definition of total and permanent disability depends on your policy. Insurers assess claims strictly against those rules, and small details can decide the outcome. Clear medical evidence and understanding how your policy is applied can make a real difference. You can learn more about the process on our Accessing TPD Super Insurance page.

Most TPD policies look at whether you can return to work you were reasonably suited to based on your education, training, and experience at the time you became disabled. What matters is your actual work background then, and not whether you might be able to retrain or learn new skills later. For example, a roofer isn’t automatically considered suitable for office work simply because they could likely physically do the job.

Some policies set a higher bar. They require you to show that retraining or rehabilitation wouldn’t realistically allow you to return to any suitable work, even in a different field. These claims often depend on strong medical and vocational evidence, particularly for people who are younger, have transferable skills, or whose condition may improve with treatment.

Many TPD policies require you to reach maximum medical improvement before a claim is assessed. This means your condition has stabilised and further recovery isn’t expected. If this requirement applies, insurers may delay or refuse to assess a claim until they’re satisfied your condition is permanent.

How Maurice Blackburn’s TPD experts can help you

Navigating a TPD claim, especially after a rejection, can feel overwhelming. Our lawyers can help you with your claim by:

  • gathering and strengthening your medical evidence
  • reviewing and explaining your policy
  • managing communication with insurers
  • representing you in disputes or appeals

If you injury is work-related, a WorkCover claim may also be available, either alongside or instead of a TPD claim. If your injury came from transport incident, you may have options under road injury schemes. See our Road Injury page for more specific support.

You don’t have to work this out on your own. Whether you’re starting a TPD claim or trying to move forward after a rejection, our specialists can step in where things stand and help you understand your options and next steps.

Our specialist superannuation lawyers are here to help.

If you're unable to work due to illness or injury, you may be eligible to make a claim on your superannuation insurance. Your injury can be physical or psychological and doesn't need to be work-related. We can help you understand what options are available to you. 

Easy ways to get in touch

We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on. 

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.