Some TPD claims are as much about the relationship as they are about the law. This blog explains how we worked patiently to earn the trust of a client who identifies as Aboriginal and had experienced incarceration, mental illness, and drug addiction, and how that trust ultimately led to a life changing $156,000 TPD payout.
Background
James (not his real name) came to us facing a combination of challenges that made his situation particularly difficult. He had a history of incarceration, was living with mental illness, and was working through drug addiction.
Like many people who have experienced trauma, institutional systems, and repeated setbacks, James was understandably guarded when he first engaged with us. Building any kind of claim depends on a client feeling safe enough to share their story, and for James, that trust had to be earned.
Taking the time to build trust
We understood from the outset that this would not be a straightforward, fast-moving claim. James needed time, patience, and consistency before he was ready to open up about his history and circumstances.
Rather than pushing for information before he was ready, we took a measured approach, checking in regularly, explaining clearly what we needed and why, and giving James the space to engage on his own terms. We were also mindful of engaging with James in a culturally safe way, recognising the additional barriers that Aboriginal and Torres Strait Islander people can face when dealing with institutions and legal processes.
It took a long time to build that trust. But it was only once that trust was established that we were able to start piecing together the medical evidence needed to support his claim.
A significant evidentiary hurdle in James's TPD claim
One of the biggest challenges in James's case was that, at the time we began working with him, he did not have a treating doctor who held a full history of his condition.
This is a common and significant barrier for people who have experienced incarceration, homelessness, or chronic instability. Medical care is often fragmented, records can be incomplete or difficult to access, and there may be no single treating practitioner who can speak to a person's full medical history.
As we've discussed in earlier blogs, the opinions of treating doctors are often central to a successful TPD claim. Without an existing doctor who understood James's history, we needed to find another way forward.
Further reading
Piecing together the medical evidence
Working closely with James, we gathered what medical history was available and helped connect him with appropriate medical support so that a fuller picture of his condition could be properly documented.
This meant carefully compiling evidence of his mental illness and drug addiction, and how these conditions, together with the impact of his history of incarceration, affected his capacity to work.
It was a slow and deliberate process. Every piece of evidence mattered, and every step depended on James continuing to feel comfortable working with us.
Lodging the TPD claim
Once we had assembled sufficient medical evidence, we were able to lodge James's TPD claim with his superannuation fund.
We made detailed submissions addressing his diagnosis, the history of his condition, and why it meant he was unable to return to suitable employment, drawing together the medical evidence we had worked so hard, and so carefully, to obtain.
A life changing outcome
The insurer accepted James's claim, and he was awarded a TPD benefit of $156,000.
For James, this outcome was life changing. It provided financial security that recognised the genuine impact his conditions had on his life and his ability to work, at a point in his life when he needed that support most.
Why patience and trust matter in TPD claims
James's case is a powerful reminder that a successful TPD claim isn't always just about the law and the medical evidence. Sometimes it's about the relationship built along the way.
For clients who have experienced trauma, institutional systems, or significant personal hardship, feeling safe enough to share their story can take time. At Berrill and Watson, we understand that, and we are committed to meeting our clients where they are, however long that takes.
If you or someone you know is finding it difficult to navigate a TPD claim, whether because of gaps in medical history, past hardship, or simply not knowing where to start, we would love to help. We provide free initial advice and run cases on a "no win, no fee" basis, so there's nothing to lose to find out where you stand.
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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.