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TPD and income protection claims for anxiety

 


TPD and income protection claims for anxiety conditions

People that are unwell and unable to work due to medically diagnosed and treated anxiety and anxiety disorders can make claims for both TPD and income protection insurance benefits. Importantly, as with all disability insurance claims, a claim relating to an anxiety condition will require the support of your treating doctor(s) and psychologist.

Also, TPD and income protection claims for anxiety disorders have the best chance of success if you are also receiving treatment from a psychiatrist. However, we understand that psychiatric treatment is expensive and difficult to get (particularly in rural environments), so we still recommend lodging a claim even if a psychiatrist is not involved in your treatment, as long as your GP is supportive of the claim.

How do I know if I can make a TPD or income protection claim due to my anxiety?

If you are considering claiming a disability insurance benefit, like TPD or income protection, due to anxiety, we recommend that you discuss making a claim with your doctors and psychologist before lodging a claim. If the doctors agree that you are unable to work because of your anxiety, it’s worthwhile making the claim.

Importantly, your anxiety condition does not need to be work-related.

Are claims for TPD and income protection due to anxiety difficult?

Provided that your anxiety condition causes you to be unable to work, and your doctors support that this is the case, you have good prospects of success with your TPD and income protection claims.

Because the severity of anxiety conditions can vary significantly depending on the individual and the circumstances, sometimes anxiety conditions are not considered to be as serious as other mental health or physical conditions. However, we understand that anxiety conditions can vary and be very serious, debilitating, permanent and treatment-resistant.

If you suffer from an anxiety condition which means you are unable to work, you should at least consider lodging an income protection claim (which pays a monthly benefit) to assist you while you undertake treatment and attempt to recover and return to work. If your condition does not resolve with treatment and your doctors say that it is a permanent condition, you should also consider claiming a TPD claim.

GET FREE ADVICE IF YOU’RE UNSURE: 03 9448 8046

What do I need to know before lodging a TPD or income protection claim due to anxiety?

In our experience, many funds and insurers will assume that your anxiety condition is temporary. This is not a huge problem when lodging an income protection claim, which does not require a permanent work incapacity. However, this can become an issue if you’re lodging a TPD claim. So, it’s important that your doctors certify that you have a permanent inability to work due to anxiety.

Also, it's important that your doctor lists the reasons why the anxiety condition means you are unable to work. For example:

  1. If your ability to concentrate is impacted due to anxiety, this is an important thing to note; or
  2. If you have difficulty in social situations or interacting with others (for example, clients in the workplace or other colleagues), this is vital information to be listed as part of your claim; or
  3. If you have difficulty leaving your home, driving, or commuting on public transport due to your anxiety, and this impacts on your capacity to perform the duties of your occupation, this is an important thing to be noted.

We have acted for many, many people and lodged TPD and income protection claims in relation to anxiety conditions. It is necessary that the anxiety condition be the sole and only condition impacting you and your work capacity. If it is secondary to another condition, what is important is that the anxiety condition is what’s causing you to be unable to work as per the policy terms.

Get help from a TPD lawyer

If you are struggling with employment or you cease work due to an anxiety condition, we recommend you get in touch with us to discuss your options for a TPD or income protection claim. It costs you nothing to find out where you stand.

Contacting Berrill & Watson

📞 Melbourne: 03 9448 8048

📞 Brisbane: 07 3013 4300

📞 Anywhere else in Australia:  03 9448 8048

📧 [email protected]

How we charge

We are Australia's best value superannuation/insurance law firm. Other law firms charge nearly double (& sometimes more than double) what we charge. So, if you get a quote from them, or have a cost agreement, ask us what we will charge you.

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