SA Self-Submitted TPD Claim Rejected. Can I Appeal And What Are My Chances Of Success?

Discussion in 'Superannuation Law Forum' started by SleeplessInSalisbury, 12 August 2017.

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  1. SleeplessInSalisbury

    SleeplessInSalisbury Active Member

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    In 2008, I had to go on workcover for severe major depression for long standing bullying and discrimination. In 2009, my psychiatrist decided to use Electroconvulsive Therapy (ECT) as treatment which resulted in the undisclosed side effect of permanent cognitive impairment. Because of this, I was no longer able to return to my senior medical related position or to any position related to my occupation/career.

    In 2012, I sought the services of a popular law firm to claim for my TPD. I had already obtained the medical and specialist reports for the application and therefore forwarded this to the lawyer. After 8 months of avoiding me, I was sent a letter stating all his cases have been transferred to another popular law firm who informed me there was no evidence of a TPD claim submission or copy of the application.

    In 2016, I completed another application and sent it directly to the Super company. They rejected my claim in August 2016 stating I did not fit the criteria of being 60 percent incapacitated all for all types of work.

    My issue is that in 2013, the legislation changed to the above definition. However prior to 2013, to be eligible for TPD, was defined as an individual who could not return to their profession and job for any work, which defines what I have since 2010. I was also recently sent a letter from my super stating my super has been rolled over because I have been unemployed since August 2016.

    Where do I stand with the change in legislation and am I able to appeal or is it too late. I would be so grateful for any information or advice.
     
  2. Warren Bennett

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    Hi Sleeplessinsalisbury,

    I see no one has replied to your question and was wondering if you needed help?

    I am a law firm owner that runs many TPD claims, complaints and litigation.

    If you are interested in a free review, please contact me at www.wkblawyers.com.au/tpd/

    Cheers,
    Warren Bennett
     
  3. Owais

    Owais Lawyer
    LawTap Verified

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    Hi Sleeplessinsalisbury,

    Insurer will look at your last date of work to determine when you were considered TPD. Depending on the year, insurer may have a different policy and/or definition to confirm if you meet their definition of TPD or not.

    Free to contact me as a Vertified Lawtap lawyer. I have extensive experience in TPD matters and sure can assist you with your query.

    Regards
    Owais
     
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