TPD for depression

[smith2]

Hello All,

I've been off work with a major depressive disorder for 20 months, my employer (a well known multinational) instructed me to attend an Independence Medical Examination, based on the examination report my employment will be terminated.

Depressed, alone, out of work and with a mortgage is not a good place. I'm about to start a TPD claim in the hope that I can keep my home.

Does anyone have experience with TPD claims, I've read they can be difficult to prove ?

Any advice ?

Regards

[minki]

Hi, i got mucked around by work cover for over a year , i was bullied out of my job was there for almost seven years, workcover used the old reasonable management excuse, then also said because i had a claim once before for sexual harassment over 10 years ago , i was denied as they got me an appointment with a dodgy IME and he just added his own wording , then i was discriminated  against as im  on a part dsp pension which was given to me after the sexual harassment case. i got well and  in remission for my panic attacks and depression and got a job took no time off was always reliable for 7yrs  up until last year when i was bullied and tormented by my boss and her daughter as she needed a job and her friends so my hours were cut . i stood up for myself with grievances put in, but that made it worse . so now im trying for my TPD insurance just sent the forms yesterday and am only hoping i dont get the stress like i did from workcover .

[Lcw]

Thank you for your reply and apologies for not acknowledging sooner. Since my post I have had quite a rough patch...not better now but have pulled on a suitable mask. I have been in touch with the lawyers referred to in this thread who work on a no win no fee basis and continue to see my psychiatrist and take my meds.

Again thank you for your reply best regards lcw

[Just Sara]

Hey Newbie/lcw; This is a really interesting thread! These posts are mirroring my predicament to a tee. I also have had over 7 yrs of Bullying in the workplace with 3 failed W/C claims. (Also Section 11A - blah) I was forced to medically retire from my government position of 15 yrs. I'm confronted with appealing, Centrelink and also a TPD claim.

The issue no-one seems to get is having to deal with all the symptoms of PTSD as well as cope with the plethora of paperwork. Everyone expects me to just whip up a submission or explain my case in a few words. So frustrating! The law firm I canvassed to help, sent me a letter stating my appeal was too big and wouldn't be paid enough to deal with it. They also said I couldn't use another firm. So I'm left to sort through reams of paper to make the case myself. Each time I sat to do this, panic set in and I had to walk away.

I've looked for advocates and even reached out to the local uni to see if there were some law students to help. Doing this living alone is horrible. They want to know about the past, but it's the present that's important to me. Each day I fight the good fight, not to satisfy their legal requirements; I fight to stay within my sane limits to cope with my life.

As an experienced officer of 5 govt departments over 30 yrs, I kept emails, letters, notes, phone calls and journals. I bought a large dining table from the Salvo's as a work space. It's taken me 18 months just to create separate piles for each issue. I need to develop a time-line for 7 yrs of events and medical evidence. It's so bloody daunting.

I do have lots of support from my psychologist, psychiatrist, GP and family. The bank has been amazing! They helped me claim insurance for the time I was off work for my mortgage and car. I did withdraw some super funds which helped financially. But it's the expectation that I'm well enough to deal with it all that frustrates.

Thank you all for the info. Let's hope this next year is a good one...Dizzy

[meatloaf]

Hi

i am in the exact same position. Currently on workcover which I won against my work for bullying and failing to create a safe work place. Anyway they only legally have to pay me for 12 months then they can terminate my employment, even when you win you lose. I have asked lawyers to investigate a TPD claim which they are looking into at the moment. I see a psych every 3 weeks which is exhausting ...I'm tired of talking about everything, everyone says 'go back to work you will feel better' ....I know in my whole soul that I can't face another work environment and would rather just end it all now if this is my only option. I haven't mentioned you to my medical team yet I'm nervous to bring it up....

i understand how you feel about everyone thinks you can just miraculously make decisions and fill out paperwork when just brushing your teeth is like climbing Mount Everest 

 hope all goes well stay in touch

[Just Sara]

Hey Meatloaf! I hear ya! Xmas and New Year has been a breather from all of this. Today I spent time on personal stuff and feel guilty I didn't attack my case. But that's nothing new. Avoidance is my life LOL

Your W/C isn't the last resort. There's always Industrial Relations and Anti Discrimination. Come to think of it, I might have things back to front. I have a really good IR and Discrimination case. Going this avenue first may bare results to add to my wc appeal.

Will have to talk with my legal advisor. I hope things turn out well for you mate. Bullies at work are insidious and need to be made accountable. As my doctor reminds me often; WC isn't there to get justice. Other agencies can do this like Fairwork Australia (Ombudsman) and Anti Discrimination Tribunal.

Luck...Dizzy x

[meatloaf]

Hi

Im being sent for another IME tomorrow...funny because CGU have not requested any reports from my medical team to date. I am wondering if it's a good idea to let work and CGU know that I am engaging lawyers....what does everyone think?

[Jobby]

Hi Meatloaf,

There could be a few reasons that they are sending you for an IME and there is certainly no reason why you couldn't ask the case manager for their reasoning. An independent opinion is just that and from an insurer perspective it gives them confidence in their decision making.

With regard to advising your employer and insurer that you have engaged lawyers, it really doesn't make a difference. Your legal representation will advise the insurer in writing that they are acting on your behalf and it wouldn't have much of an affect on the case manager's plan / strategy on your claim. If you've made the decision to engage lawyers it is best to let them take over and advise you, that's what you'll be paying for.

I have worked in workers' compensation and life insurance for a few years so if you have any questions I'll do my best to answer.

Best of luck.

[meatloaf]

Hi

the IME CRUCIFIED  my workplace and backed my medical condition ( report was sent to my doc and she let me read it') ...the insurers wrote to me and said no change to my benefits after receiving the report which gives me a couple of months breathing space. My work have not contacted me at all even to see how I am since October last year. may is fast approaching and then I guess all the legal will start

[dman2306]

Hi Meatloaf - If I read your comment correctly, I think you are saying that the IME actually supported the issues at your workplace being the cause of your illness? Make sure you get a copy of this to your lawyers. Its rare that an IME actually has a soul and tells the truth and does right. They get paid $2000+ per report and thats normally typed up by their PA anyway. When they are being paid this much money, they know their bread and butter comes from the insurer so they try to make out all is fine and dandy.

Stay strong mate. Try to fit in pleasant events weekly to keep you from going downhill too badly.

[meatloaf]

Hi Dman

Yes the IME really supported my claim and even said a rtw in the next 6 months would be totally unhelpful...I know I was really really shocked he found in my favour as I know that usually IME's try and favour the insurer. I have requested a copy of the report and have an appointment with no win no fee lawyer next Friday.