When people think about a TPD or income protection claim, they usually focus on whether they will be accepted. Far fewer think about when the insurer will say their disability began. That date, often called the "date of disablement", can affect how much you are paid, whether you are covered at all, and how much trouble you have getting your claim approved.
This blog explains what the date of disablement is, why a recent Federal Court decision called Buckland has put a spotlight on it, and what you can do from day one to protect yourself.
What is the "date of disablement"?
Many super and insurance policies have a specific date that is treated as the date you became disabled. It is not always the day you stopped work or the day you first felt unwell. Depending on the policy, it might be the date you stopped work, or the date a doctor certified in writing that you are unlikely to work again.
That date matters because it can decide:
- whether you were still covered when your disability began
- how much your benefit is, as many policies reduce the TPD amount as you get older
- how far back any payments can go
Two people with the same condition can end up with very different outcomes because of the date their insurer uses.
What happened in the Buckland case?
In Australian Retirement Trust v Buckland [2025] FCA 1563, the Federal Court looked at a TPD claim where the dates did not line up.
Ms Buckland stopped work because of illness in September 2021 and received income protection payments. About a year later, in August 2022, a psychiatrist certified that she was permanently unable to work. Her TPD claim was lodged shortly afterwards. In early 2023, her GP also provided a letter saying she had been unable to work since September 2021.
The insurer accepted the TPD claim, but worked out the benefit from the August 2022 certification date. Ms Buckland took the matter to the Australian Financial Complaints Authority (AFCA), which decided the date should go back to September 2021 and added more than $36,000 to her payout.
The super fund appealed to the Federal Court, and the Court overturned AFCA's decision. In short, the Court found that under her policy's wording, the date of disablement was the date a doctor certified her condition in writing. It was not the earlier date when she stopped work, and not a date a doctor later said her incapacity had started.
The decision turned on the wording of that particular policy, and other policies are worded differently. But the lesson for ordinary people is clear: dates and paperwork matter, and a date that seems unfair may still be the one that counts.
Buckland may not apply to all policies and claims
The policy which was looked at for the Buckland decision is a unique one and we don’t think that authority from this case will impact all claims and it will be possible to distinguish many policy terms. However, the fact remains that it’s important to get treatment and early advice to avoid issues on claims.
Why you should see a doctor before and when you stop work
The Buckland case shows how much can depend on what your doctors have recorded, and when.
If you are struggling with an illness or injury that is affecting your work, see your doctor before you stop work, not months afterwards. At that appointment, make sure your doctor records your symptoms, how they affect your job, and any advice about your capacity to work.
Then see your doctor again at the time you stop work, and make sure the notes and any certificates reflect that you are unfit for work from that date.
Notes made at the time are usually given far more weight than letters written months or years later. A "retrospective" certificate, one that looks back in time, can be treated with caution by insurers, and as Buckland shows, it may not change the date the policy relies on.
Also, changing your work can impact your claim in other ways and we recommend reviewing this blog on changing work hours and duties.
Lodge your claim with the correct dates and information from the start
Many of the problems we see could have been avoided with a more careful first claim form. When you lodge a claim:
- Use accurate dates. Check the date you last worked, the date you stopped work, and when you first saw a doctor about the condition.
- Make sure your doctors' reports match your claim form. Insurers compare everything, and inconsistencies are often used to question or reduce claims.
- Don't guess or round off. If you are unsure of a date, check your records before submitting.
- Lodge early. Waiting can make it harder to get the evidence you need and can cause problems with time limits or policy conditions.
- Keep copies of everything you send and receive.
- Get legal advice when lodging a claim.
Dates and details given in the first claim form can be hard to change later, so getting them right at the start can save a lot of stress.
More information on how to give your TPD claim the best chance of success can be found at this blog.
Get help from a disability insurance lawyer
If you are about to stop work, have just stopped, or have already lodged a claim and are worried about the dates, it is worth getting advice early. We can check your policy wording, tell you which date applies to you, and help make sure your claim is lodged correctly. We offer a free first interview and run claims on a "no win, no fee" basis, so there is nothing to lose by finding out where you stand.
Related reading
- Your guide to making a successful TPD claim: https://www.berrillwatson.com.au/supertalk-blog/2020/august/your-guide-to-making-a-successful-tpd-claim/
- What to do if your TPD, income protection or other disability insurance claim is rejected: https://www.berrillwatson.com.au/supertalk-blog/2023/april/ip-claim-rejected/
- I stopped work years ago due to illness. Can I still make a Super TPD claim?: https://www.berrillwatson.com.au/supertalk-blog/2020/september/tpd-claims-years-after-injury/
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