TPD claims for veterans concern insurance cover that may be held through superannuation or under a separate policy. TPD insurance should be considered alongside, but separately from, military superannuation and DVA entitlements.
Having served in the ADF does not, by itself, establish that you hold TPD insurance. TPD cover can exist inside super or outside super, and the applicable policy determines what must be established.
Look beyond your military account
Civilian employment before or after ADF service may have involved a superannuation fund with TPD insurance. Check current and previous accounts and ask for the relevant insurance history and policy documents. A current super balance alone does not tell you which TPD cover applied at an earlier time.
MilitarySuper and DFRDB have their own invalidity benefits, while eligible ADF members may have invalidity benefits through ADF Cover. ADF Super is the superannuation fund and ADF Cover provides separate death and invalidity benefits for eligible serving members.
There is also an important exception for some former ADF members: eligible ADF Super members may have lifePLUS Protect after leaving the ADF, which can include TPD insurance. That is separate from ADF Cover invalidity benefits.
Medical discharge and civilian work
A medical discharge does not automatically establish a TPD insurance claim. Under an “any occupation” TPD definition, the assessment concerns whether you are unable ever to work again in a job suited to your education, training or experience. Other policies may use different definitions.
Explain your ADF duties, qualifications and civilian employment history, including modified duties and attempts to return to work where relevant.
CSC invalidity is also a separate assessment. CSC considers incapacity for civilian employment by reference to matters including skills, qualifications and experience and the effect of the conditions for which the member medically transitioned. A CSC invalidity classification may therefore provide relevant background, but it should not be treated as determining a separate TPD insurance claim.
Put the timeline together
Record the development of your condition, treatment, changes in work and the periods during which you held insurance.
The relevant policy should be checked carefully because insurers use different TPD definitions and cover can be affected by matters such as changes in employment or an inactive super account.
Medical evidence should address the requirements of the applicable policy rather than simply confirm a diagnosis. Where evidence addresses an earlier period, make sure the practitioner clearly explains the medical basis for their opinion.
Consider other payments carefully
TPD insurance, CSC invalidity benefits and DVA payments are separate entitlements and should not be treated as one claim.
For example, DVA MRCA incapacity payments can be reduced by Commonwealth superannuation payments, including pensions and lump sums. This makes it particularly important to distinguish a CSC invalidity benefit from a private TPD insurance payment when considering how different entitlements interact.
Identify the specific benefits and payments involved before assuming that receiving one benefit prevents another claim or that a payment will have no effect elsewhere.
KSC Law can help investigate veteran TPD claims, identify the applicable TPD insurance and distinguish the claim from CSC invalidity and DVA entitlements. Book a free consultation and start with the records you already have.
Related reading: TPD claims lawyers · Do I qualify for a TPD claim
Further reading
Moneysmart: how TPD insurance works · Australian Financial Complaints Authority (AFCA)