Best TPD & Superannuation Claim Lawyers in Australia
Updated 22 September 2026
Compare TPD and superannuation claim lawyers ranked on experience with disability claims, fee model, public client reviews and regulatory standing. TPD lawyers claim total and permanent disability (TPD) and income protection benefits held through super funds, which are regulated under the Superannuation Industry (Supervision) Act 1993 (Cth), and through life insurance policies bought outside super.
The first step is to find every super account and check whether it holds TPD cover, by logging in to the account, reading the annual statement or calling the fund. Next, read the product disclosure statement to see how the policy defines total and permanent disability. Where a person permanently stopped work because of the condition, the AFCA Rules require the super TPD claim to have been made within 2 years of permanently stopping work, and the complaint to the Australian Financial Complaints Authority (AFCA) to be lodged within 4 years of the trustee's decision. The TPD Claims guide explains each step. Our method for ranking firms is set out in how we rank law firms.
What does a TPD lawyer do?
A TPD lawyer finds the cover, builds the medical and employment evidence and pursues the benefit through the fund, the insurer and, if needed, AFCA or a court. The tasks are:
- Search for super accounts and insurance cover, including accounts from past jobs.
- Check each policy's TPD definition, exclusions and the date cover ended.
- Gather medical reports, employment records and details of work duties.
- Lodge the claim forms with the super fund or insurer.
- Respond to insurer requests for information and independent medical examinations.
- Challenge a declined claim through the fund's complaints process.
- Lodge a complaint with AFCA, or start court proceedings where that suits the case better.
- Claim income protection benefits held through super or a retail policy.
Superannuation claim lawyer
A superannuation claim lawyer handles claims and disputes about benefits held in super: TPD, income protection, terminal illness and death benefits. The same firms often handle all of them. Death benefit disputes have their own AFCA rule: the complainant must object to the fund within 28 days of being given notice of the proposed decision.
When do you need a TPD lawyer?
You need a TPD lawyer when the claim has been declined or delayed, or when the evidence does not clearly meet the policy definition. A straightforward claim that meets the definition can be lodged without one.
When the claim is declined
A declined claim can be reviewed through the fund's internal complaints process and then by AFCA. AFCA will not extend the time limits for super TPD complaints, so the dates matter from the start.
When the decision is taking too long
Under the Life Insurance Code of Practice, insurers generally decide a TPD claim within 6 months of being notified of it, or 6 months after any waiting period ends. A lawyer can press for a decision or an advance payment where there is financial hardship.
When the definition is disputed
Each policy defines total and permanent disability in its own way. An "any occupation" definition asks whether the person is unable ever to work again in any job suited to their education, training or experience. An "own occupation" definition asks only about the job the person held before the disability, and this cover is usually available only outside super. Disputes often turn on which jobs are suited to the person's background.
When cover may have lapsed
Under section 68AAA of the Superannuation Industry (Supervision) Act 1993 (Cth), a fund must stop providing insurance on an account that has received no contributions for 16 months, unless the member has elected in writing to keep the cover. A lawyer checks whether cover was in force on the date the person stopped work.
When you are the fund or insurer
Super trustees and life insurers also use lawyers to assess claims, respond to AFCA complaints and defend court proceedings. Those firms are usually different from the firms that act for members.
How much does a TPD lawyer cost?
Most TPD lawyers act on no win, no fee terms. Where work is charged by the hour, rates are commonly quoted in a range of roughly $300 to $650 plus GST, but no body publishes a standard rate and firms differ widely. The hourly range and the table below are indicative as at September 2026 and vary with the number of funds, the medical evidence needed and whether the claim is disputed. They are not quotes.
| Service | Common fee model | Indicative range |
|---|---|---|
| First consultation and super search | Free | $0 |
| Straightforward claim with one fund | No win, no fee or fixed fee | Around $3,000 to $10,000 |
| Claim across several funds, or a disputed claim | No win, no fee | Around $10,000 to $30,000+ |
| AFCA complaint or court proceedings | No win, no fee with uplift | Higher, plus medical report disbursements |
In NSW, Victoria and Western Australia, the Legal Profession Uniform Law caps any uplift fee in a litigious matter at 25% of the legal costs excluding disbursements (section 182) and prohibits fees calculated as a percentage of the benefit recovered (section 183). The No Win No Fee Lawyers in Australia page compares firms offering these terms.
How to choose a TPD lawyer
Choose a TPD lawyer by checking these points before signing a costs agreement:
- Practising certificate. Confirm a current practising certificate on the state regulator's public register.
- Disability claims experience. Ask how many super and retail TPD claims the lawyer has run and how many reached AFCA.
- Accredited specialist status. Ask whether the lawyer is an accredited specialist; see What Is an Accredited Specialist Lawyer?.
- Fee disclosure. Get the costs disclosure and estimate in writing before work starts, and ask for the total cost as a dollar figure, not only an hourly rate.
- The benefit after costs. Ask for an estimate of the net amount you will receive after legal costs and any tax on a benefit paid from super.
The How to Choose a Lawyer in Australia guide lists general checks for any practice area.
TPD and superannuation guides
These guides explain the claims TPD lawyers handle:
- TPD Claims: cover through super, "any occupation" and "own occupation" definitions, timeframes, AFCA and fees.
- Workers Compensation Claims in Australia: the statutory scheme that often runs alongside a TPD claim after a workplace injury.
When the disability was caused by someone else's negligence, a separate damages claim may be available; compare Personal Injury & Compensation Lawyers in Australia and Workers Compensation Lawyers in Australia.
Frequently asked questions
What does TPD stand for?
TPD stands for total and permanent disability. TPD insurance pays a lump sum if an illness or injury leaves a person permanently unable to work, under the definition in the policy.
Can I have TPD cover in more than one super fund?
Yes. A person with several super accounts may be paying premiums for TPD cover in each one. Whether more than one benefit can be claimed depends on each policy's terms, so a lawyer checks every account before lodging.
Do I need a lawyer to make a TPD claim?
No. A member can lodge a TPD claim directly with the super fund or insurer. Many people use a lawyer when the claim is complex, delayed or declined, or when cover sits in several funds.
Does AFCA charge a fee to consider a TPD complaint?
No. The Australian Financial Complaints Authority provides free, independent dispute resolution for consumers, including complaints about disability claims on insurance held through super.