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Home | Blog | How courts can help with your TPD claim

If you have lodged a TPD claim without legal representation, you may find the process tedious and incredibly slow. However there are a number of things can you do to help speed up the process. Whilst Insurers will insist that they need specialist medical reports before they even look at your claim, you can request that they continue with assessing your claim regardless.

A court can also assess your application

 

You can also opt to have a court assess your application if you are unhappy with the progress of your claim. A court can request that a decision is made within a given timeframe which could mean the difference between a reasonable time to make the decision or a drawn out process. This application by the court is also relatively inexpensive.

Once the application is filed with the courts, it is being heard within days or weeks. The court can also help determine issues where there are disputes about certain aspects of the claim. The court may also ask your insurer to pay for all application and court costs.

A recent example of where this approach was successful involved an income protection provider who required an undertaking to be signed by the Claimant before they would continue to assess the claim. The undertaking required the Claimant to refund any income protection payments he received in certain circumstances which were not contemplated by the policy of insurance and therefore the Claimant did not have to agree to that refund.

The Claimant commenced an application in the District Court at Brisbane seeking an order that the insurer continue the assessment without the requested undertaking. Before the court was able to hear the matter the insurer conceded that the undertaking was not required and agreed to continue assessing the claim and then accepted the claim within a matter of a couple of weeks after the application. The insurer agreed to pay an amount towards the Claimants costs of the application.

Turner Freeman Lawyers disability and TPD lawyers can help

If the Insurer or Super Fund has taken longer than 2 to 3 months to make a decision on your claim, give us a call on 1800 683 928 or via our online enquiry form. We can help you speed up the process and put pressure on the Insurer or Superannuation Fund to make a decision.

If your TPD claim has been rejected, talk to us as you may be able to challenge, contest or dispute the decision.

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