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

[Just Sara]

Hi and welcome to our caring community Star;

It's courageous of you to post here hun as letting your story out isn't easy. So well done...

I'm not sure of your age, gender or marriage status as you haven't said, so it'd be nice if you could post those details later if that's ok. It just makes it easier for us to personally connect with you and address specific issues, that's all.

I was forced to medically retire at 54 due to a complete MH breakdown so I understand the complexities of retirement, gaining access to Super and applying for TPD.

I'm so sorry your situation's really tough but unfortunately not unusual as MH issues and stigma go. It's hard facing adversity with your mind not working as you want it to.

I'm wondering have you searched for advice online or asked your accountant because being updated and informed will serve you well in dealing with people re money matters and creating a plan. Your GP and psychologist will be helpful also.

Depending on your situation, you may be able to apply for TPD on your own or if it's too complex due to governing laws and your mental health, you may need a solicitor. Please don't be concerned about your Super Case Manager ok. Their priority's always to hold onto money for the company so expecting an empathetic response is too optimistic I'm afraid. Please just think of them as robots..

Apart from the above issues, posting here can be uplifting. You have a safe space to vent or talk about your life with people who know internal pain but also understand recovery and what it takes to cope. So please stick with us because you won't look back.. I promise. 🙂

Warm thoughts;

Sez

[Jane_W]

As someone who had a successful TPD claim for mental illness (Dissociative Identity Disorder), I would like to encourage people to seek assistance and support from their Doctor, specialist (psychiatrist) and any other professional (including Psychologist) when considering a Total & Permanent Disability claim.

Some claims go through superannuation. If this is the case there will be an insurer involved, and possibly, like mine, an owing bank.

I contacted my doctor, psychologist and diagnosing psychiatrist prior to my claim lodgment. I encountered many difficulties, stigma and discrimination during my claim from the super company, insurer and owning bank. I believe the first step of a claim is to deny it (or delay it). This is to dissuade claimants bcos it saves the company money.

I do recommend getting the support of your treatment team.

I also strongly recommend seeking access to a copy of your claim file, and if they fail to provide this then to the OAIC (Office of the Australian Information Commissioner). You can file a complaint after 30 days.

Go after a copy of your personal information with the superannuation company, the insurer and even the Bank (if involved). This information can be important and helpful if you need to lodge privacy complaints, or go to the Superannuation Complaints Tribunal (SCT). I had to do this - OAIC and SCT.

Deal with the claim in writing (email). Log any phone calls - who you spoke to, time and date, etc.

Get copies of the Policy involved in the claim (from your superannuation company). Any documents you send to them, send by trackable mail - and ask them to acknowledge receipt. (actually even with emails).

I also sought access to medical reports, as the Independent Medical (psych report) was conveniently kept from me and my Lawyer. If they deny access to you, then request the report be sent to your nominated medical professional (doctor or specialist). Information about your privacy rights are on the OAIC website.

Main thing is to keep fighting for your rights to a claim. Don't accept any of their crap because I feel that those involved in my TPD claim just tried to string it out. But I stuck with it.

Those in a claim, or considering it - good luck.

Cheers,
Jane.

[Louella]

Just felt we should let everyone know about "our" TPD claim experience.
My daughter had a claim in and we were really doubtful about it - although undoubtedly her work had injured her ( PTSD). She was off work for about a year before her Super case manager said she should put in a TPD claim. We just couldn't believe that a TPD claim would be paid and felt that the insurer would deny it as a matter of course.
It was a mysterious process and not much information about the stages was given, despite asking for it. Anyway, my daughter went to the free Fitzroy legal service in Melbourne and got good advice about a couple of things she could do to help her position (they may have been influential). The advice included many of the things Jane (in the comment above) mentioned - about getting the file etc.
We were not sure if her Super case-managers were actually on her side or the insurer's (in the end we realised they were on her side, but their lack of communication had made us suspicious). My daughter considered getting a lawyer on "no win no pay" terms but glad she did not as, 4 or 5 months after starting the process, her claim was suddenly approved and paid. It was a shock as the reports from the insurers doctor seemed to imply they thought she would improve if she followed doctors orders etc.

My daughter still has PTSD, but now with the money-stress gone she is able to start benefiting from the treatment. She will be able to go back to work at some stage - she will have to retrain or get something totally unrelated to previous job, education and experience. It is a huge relief - she can work out the best thing to do with the payout.
I did see a message on Whirlpool forums, when we were considering if a lawyer would be a good idea, from a trustee of a super company and he gave advice about when to get a lawyer - and it was not until after your claim had been denied, then if appeal failed.
Hope this helps!

[Better_Living]

Hi to all that have contributed

I am coming up to 48 weeks on workcover. I have felt like I had no option but to return to work (rural area with limited employment). My workcover claim was accepted after an IME appt and a lengthy investigative report (took weeks to complete due to my severe stress and anxiety levels) - adjustment disorder with mixed anxiety and depressed mood.

The workcover agent (self-insurance agent) when my claim was 1st accepted was fantastic. 5-6 case workers later (apparently they keep moving them around so that they don't get empathy for you) and each time they make contact it is abrupt, distressing and takes me backwards.

Agent told me last week that I need to retrain since there is no suitable employment for me at my job. I have only just agreed with my psychiatrist and GP to do a graded RTW of 2 days of 4 hours a week to be back by 52 weeks. My psychiatrist does not want me working with an assistant who reports to me, a supervisor has already been removed from my reporting line. The agent said since I can't work with this employee there is no suitable employment. I became very distressed and couldn't take in what she was saying. I sent an email to the RTW contact at work and was told that upper management would be talking with me, not her. I advised of my current state of mind and asked for them to email me rather than call. They want medical reports provided about my current abilities.

I spoke to a solicitor who informed me about super TPD & income protection claims, as well as common law claim. I contacted my super company today and confirmed I don't have any exclusions on my death or TPD policies. Paperwork is being sent out. The solicitor doesn't think that I should go back to job after our discussion, suicidal thoughts. Psych recommends engaging solicitor.

I've been researching about TPD claims and found advice saying get a solicitor involved if claim is rejected.

I've told my super fund that friend lent funds 2.5 yrs ago to pay out my mortgage, as the bank was recalling my loan, and was to be refinanced and paid in a few mths. Without a job I can't refinance. I have been unable to do Trust tax returns for bank, can't concentrate or focus. Friend will take legal action to get the funds if not paid soon.

If I am successful at my TPD claim do I still have rights to claim income protection once my workcover payments expire at 130 weeks, if needed. I've read differing views on this, wondering if anyone here would know for sure.

[MoHo]

Hi all,

I'm getting quotes from lawyers to assist me with my TPDB claim. They are saying that they will take the case on as a "no win no fee".

I'm yet to meet them to discuss but am preparing my questions for them. I've read that if I win, the lawyers charge a percentage of the compensation I get. I know about the disbursement charges I would have to pay whether or not I win.

My question is, can anyone advise what percentage of my compensation are they likely to take?

I've been doing some research and I think I'm looking at about 20-30% which is a MASSIVE chunk, considering I wont' be working for the rest of my life!

Any advice based on experience, or any contacts that might know the answers would be appreciated.
Cheers

[BOC64]

Hi MoHo

I have never been in your position however there are some basic things that I would do.

Asked for a list of fees in writing and that you will require an itemised bill at the end of the case should you be successfull and for a fixed percentage that they will charge. Ensure everything is in writing and diarise any converstaions or contacts you have.

Contact two to three firms and seek the same from each. I also think it helps when you show you understand the process so it maybe worthwhile searching for similar cases online. Workcover in your state may have some information.

Regards

BOC64

[Display_name_is_required]

Hi Jane,

great post,

can you and other post how long it took from your lodgement date to when you received your payout, also what size rough was the payout eg

100k

500k

1m

1.5m

its seems the bigger the claim the harder it becomes, I have a claim 2.5m

and has been going on for 1.5 years now

all the medicine evidence in the world even support from there IME.

[Display_name_is_required]

Hi newbie218,

what was the amount you won in your tpd and was it any occupation?

[Display_name_is_required]

How long did your claim take in the end, did you have to see any IMEs

[BiPolarised]

Hi, it's great to hear you got your TPD Insurance with out a fight. I have just turned 50, so my TPD has dropped to $150K. I'm looking for a good lawyer. Am I allowed to ask for recommendations?