SA Retrospective TPD Claim

Discussion in 'Superannuation Law Forum' started by SleeplessInSalisbury, 16 January 2018.

  1. SleeplessInSalisbury

    12 August 2017
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    Hi Everyone,

    Does anyone know if the decision of a super company to accept a retrospective TPD claim is based on their choice or guided by legislation? I would like to claim for a disability which occured in 2010. At the time, was not aware I had the TPD insurance and by the time I realised I was eligible. By the time I realised I could claim, the legislation regarding the definition of total and permanent disability changed and I was no longer eligible.

    Any insight would be greatly appreciated. :):D:)
    Timnuts likes this.
  2. Owais

    Owais Lawyer
    LawTap Verified

    18 June 2018
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    Hi SleeplessInSalisbury,

    I just recently joined Lawanswers and came across your query. Not sure if you have resolved this issue already but I will answer to your question just in case.

    TPD claims work a little differently. When you initially received TPD insurance cover, you may have received an insurance policy. Within the policy you will find many TPD definitions. Now depending on your "Date of Claim", the insurer will determine the applicable definition and see whether your injury or illness meets that TPD definition.

    The legislation refers to insurer following the definitions appropriately however the legislation does not contain any TPD definition. The definition is within the insurance policy.

    Let me know if you still need any assistance regarding your potential TPD claim. I am actually a TPD solicitor who has worked with large Life Insurance companies in the past and have an in-depth knowledge regarding TPD regulation and laws.

    I hope that helps. Feel free to get in touch.

    Kind regards
    Owais Shaheen
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    Timnuts likes this.

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