Declined TPD claims

Your TPD claim was denied. Here is what happens next.

A decline letter is written to sound final. It is not. It is a commercial decision made by an insurer on the documents in front of it, and it can be reviewed, challenged and overturned.
  • Declines are common and frequently overturned
  • AFCA review is independent and free to you
  • No win, no fee. Nothing to pay up front
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Before anything else

Four things to do this week

A decline is not the end of the claim, but it does start a clock. What you do in the weeks after receiving the letter affects how straightforward the challenge is.

  • Keep the letter and note the date you received it. Time limits run from dates, and the date on the letter is not always the date it reached you.
  • Do not accept the decision or sign anything. A decline is a position, not a settlement. Nothing needs to be agreed.
  • Ask for the reasons and the file. You are entitled to know what material the decision was based on, including the medical opinions relied on.
  • Keep treating. Gaps in treatment are read by insurers as evidence of recovery, whether or not that is why they happened.
Time limits apply, and they are not the same as WorkCover or TAC limits. Superannuation and insurance disputes run on their own timeframes. If you have a decline letter, get advice promptly rather than waiting to see how you go.
Reading the decision

Why insurers decline TPD claims, and what answers each reason

Decline letters are often long and written in policy language. Underneath, most fall into a small number of categories. Identifying which one you have received tells you what the challenge has to prove.
“You retain a capacity for work”

The most common reason, and it turns entirely on which test your policy uses.

If your policy applies an any occupation test, the insurer only has to identify some occupation you could reasonably perform given your education, training and experience. Insurers frequently point to a theoretical role rather than a realistic one.

What answers it: evidence about your actual capacity in the real labour market. Vocational assessment, your work history, the physical or cognitive demands of the roles suggested, and medical opinion directed specifically at whether those roles are open to you. A job that exists in theory is not the same as a job you could get and hold.

“Insufficient medical evidence”

This usually does not mean your doctors said you were fine. It means the reports did not answer the question the policy asks.

Treating doctors describe conditions, symptoms and treatment. Policy definitions ask something narrower: whether you are unlikely ever to return to work of a particular kind. A report can be entirely accurate and still not address that.

What answers it: reports commissioned to speak to the definition in your policy, in its wording, supported by treatment records covering the relevant period.

“You were not covered”

The insurer says cover had lapsed, never commenced, or had been cancelled, often because contributions stopped or the account balance fell.

Fund records are not always right, and cover rules have changed over the years. Legislation has also altered when default insurance can be cancelled for inactive or low-balance accounts.

What answers it: the fund’s own records, contribution history, member statements and the policy terms as they stood at the relevant time. This is a documentary argument, and documentary arguments are winnable.

“Pre-existing condition”

The insurer relies on an exclusion, arguing your condition existed before cover started.

Whether the exclusion genuinely applies depends on its precise wording, when cover commenced, what you knew at the time, and whether the current incapacity actually arises from the earlier condition. These are often arguable, particularly where a condition worsened materially later.

“Wrong date of disablement”

A quieter reason, and an important one. The date you are taken to have become disabled determines which policy applied, which definition governs, and sometimes whether you were covered at all.

Insurers commonly choose the date you last worked. That is not always the correct date, and establishing the right one can change the outcome entirely.

The claim was closed because you did not respond

Insurers sometimes close claims administratively where forms were not returned or requests were missed. If you were unwell, this is unsurprising and it is not fatal.

A closed claim can generally be reopened or relodged. It is worth acting rather than assuming the opportunity has gone.

Your options

The three routes after a decline

They run in order, and most claims that are going to resolve do so before the last one. You do not have to decide today which route you will end up on.
  1. Get the file and rebuild

    We obtain the insurer’s claim file and the reasons for the decision, then commission the evidence that answers the specific definition in your policy. Most of the work happens here.

  2. Internal review

    The decision goes back to the insurer with the new material. A meaningful proportion of declines resolve at this point, without any external body becoming involved.

  3. AFCA complaint

    If the refusal stands, the dispute can go to the Australian Financial Complaints Authority. It is independent of the insurer and free to you.

  4. Court

    Available if AFCA does not resolve matters. Comparatively few TPD disputes get this far, because most are decided on documents well before it.

About AFCA. The Australian Financial Complaints Authority handles complaints about superannuation trustees and insurers. You generally need to have complained to the insurer or trustee first, through their internal process, before AFCA will consider it. AFCA is free for consumers, and its determinations are binding on the financial firm if you accept them. Time limits apply to lodging a complaint, which is the main reason not to leave a decline sitting in a drawer.
What actually changes the outcome

Arguing with the decision rarely works. Answering it does.

People often respond to a decline by explaining, at length, how unwell they are. That is understandable and it almost never shifts an insurer, because the assessor is applying a contractual test rather than forming a view about how you are coping.

Reports aimed at the definition

Medical opinion that addresses the policy wording directly, rather than describing your condition in general terms.

Vocational evidence

An assessment of what work you could realistically obtain and hold, which is the ground on which capacity declines are fought.

A complete treatment record

Continuous records covering the relevant period. Gaps get read as improvement, so the timeline matters.

The correct policy and date

Establishing which policy applied and from what date. Get this wrong and the right evidence is measured against the wrong test.

No win, no fee

What challenging a decline costs

  • Nothing to pay up front. No retainer and no bills while the challenge runs.
  • Nothing to pay if we don’t win. Our fees are payable only on a successful outcome.
  • AFCA costs you nothing. The complaints process itself is free to consumers.
  • You get the package in writing first. Fixed price, quoted before you commit, so you are not deciding blind.
Sha Hotchin, Accredited Specialist in Personal Injury Law
Your lawyer

You will be dealing with Sha

Sha Hotchin has practised in Victoria since 2010 and has been an Accredited Specialist in Personal Injury Law since 2017. She runs declined TPD claims personally, from reviewing the decision through to AFCA if it goes that far.

  • LIV Accredited Specialist, Personal Injury Law
  • 16+ years in Victorian injury claims
  • Advice in English, Hindi, Urdu and Punjabi
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Already have a lawyer?

Not happy with how your claim is being run?

You can change lawyers at any stage of a claim, and it usually costs you nothing extra. Your previous firm is paid out of the final outcome rather than by you, and we handle the formal transfer so you do not have to make the call. A second opinion is free and completely confidential.