If you have a mental illness, you’ll know how completely debilitating it can be, and how it can make it difficult, or even impossible, to keep working.
You’ll also know that people with mental health issues like depression often experience significant levels of stigma and discrimination. According to Beyond Blue, a common attitude is that people with anxiety or depression are ‘weak, not sick’. But people who’ve experienced or really understand mental illness know that you can’t simply ‘get over it’.
In this article, we explain everything you need to know about making a successful TPD claim for mental illness, including:
✓ You may qualify for a successful TPD claim for mental health if you were working in the past 12 months, can’t return to work due to mental illness, and have superannuation.
Your mental illness doesn’t need to be work-related to qualify for a TPD claim. It’s not the cause of your condition that makes you eligible; it’s the impact on your ability to work.
In our experience, people making TPD claims for mental illness tend to be in one of three situations:
If you’ve had to stop work and you suspect you’re suffering from a mental illness, your first step is to get a diagnosis. Even if your employer has told you that what you’re experiencing is normal work stress, a formal diagnosis is essential, and it’s the critical first step for any TPD claim.
If you have a mental illness but haven’t been told to stop work, you might feel like you have no choice but to push through. You can only make a TPD claim if your illness stops you from working, so getting the right assessment from a medical professional is important. If it confirms your inability to work, you may be eligible to claim.
If you’ve been told you have a mental illness and can no longer work, your next step is to lodge your TPD claim. You may also be eligible for multiple claims — through more than one super fund, or through workers compensation if your work caused your illness. We can guide you through the whole process to make sure you get everything you’re entitled to.
Whatever situation you’re in, read on to learn whether you can claim TPD, and how to get help with your claim.
Any mental illness that prevents you from working may qualify for a TPD claim — including PTSD, depression, anxiety, and bipolar disorder. But a diagnosis alone isn’t enough. To be eligible, you’ll need to show that your condition interferes with your cognitive, emotional, or social abilities to the point where you’re considered totally and permanently disabled under your TPD policy definition.
PTSD is one of the most common TPD claims we help people with. It’s a disorder triggered by experiencing or witnessing a terrifying event, and it can last for months or years. If you’ve been diagnosed with PTSD and can no longer work, you may be eligible to claim on your TPD insurance.
In their most severe forms, these conditions can make it impossible to function day-to-day, let alone hold down a job. Anxiety can cause breathing difficulties, sweating, and heart rate fluctuations. Bipolar disorder involves extreme mood shifts, including episodes of mania and depression. If any of these conditions have stopped you from working, you may be eligible to make a TPD claim.
Any diagnosed mental illness that prevents you from returning to work may qualify. Other examples include:
There’s no specific “list” of mental health conditions that qualify for a TPD claim for mental illness. As long as you’ve been diagnosed with a mental health condition that prevents you from continuing to work, then you may qualify for a TPD claim.
Listen to the full episode here.
A specialist lawyer will review your circumstances and tell you how much you can claim.
If you can’t work because of your mental illness, here’s what you need to do. We’ve helped thousands of Australians through this process, and we know it can feel overwhelming — especially when you’re already dealing with so much. That’s why we’ve broken it down into clear, manageable steps.
Start by talking to your GP. A formal diagnosis is essential — insurers need documented evidence from a qualified medical professional. Even if others have told you it’s just stress, getting that diagnosis on record is crucial. For guidance on where to seek help, visit the Black Dog Institute.
Check your superannuation fund documents to see what TPD cover is included. If you’ve changed jobs over the years, you may have multiple super funds and policies. If you need help tracking them down, call us on 0292644474 – it’s a free service.
The definition of TPD can vary between policies, and it affects what you need to prove. Here’s the key distinction:
| Own occupation TPD | Any occupation TPD |
| Can’t return to your specific job | Can’t work in any job |
| Easier to qualify | Harder to qualify |
| More common in older policies | More common in newer policies |
If you’re unsure which applies to you, we can review your policy at no cost and explain exactly what you can claim.
Contact your superannuation fund to begin the claims process. They’ll ask you to complete forms and carry out an initial assessment before passing your claim to the insurer for a final decision.
Mental health TPD claims can be harder to prove than physical injury claims, and insurers may dispute your eligibility or request additional evidence. Many people abandon their claims out of frustration at this stage — but you don’t have to. The key to a successful TPD claim is a thorough application with all the necessary documentation upfront, so you’re not constantly going back and forth with the insurer.
Our TPD claim specialists can manage the entire process on your behalf, making sure your claim is properly prepared, includes all required evidence, and is assessed as quickly as possible.
Law Partners is Australia’s largest specialist personal injury firm. Our TPD team works on a no win, no fee basis, and we win over 99% of our cases. We handle everything, from gathering medical evidence to dealing with the insurer, so that you can focus on your health.
Listen to the full episode here.
Call 02 9264 4474 or chat to us now for free advice
Chat nowFind out how much you can claim.
Get startedNo. Your mental illness doesn’t need to be work-related to qualify for a TPD claim. Whether it was triggered by a traumatic event, developed gradually, or came on suddenly, what matters is that it’s been diagnosed and has stopped you from working. The key consideration is whether your capacity as a worker has been reduced or eliminated as a result of your condition.
These case studies show how we helped Sandra and Ali secure their lump sum payouts.
Sandra, 38, was involved in a serious car accident that ultimately led to the amputation of her leg. Like many amputees involved in accidents, she developed PTSD. The combination of her physical disability and mental illness made it virtually impossible for her to return to work.
Sandra lodged TPD claims on two superannuation policies, but the insurer denied both, saying she hadn’t submitted enough medical evidence to support her psychological injury.
She contacted Law Partners. We arranged an independent psychological assessment, completed a thorough application on her behalf, and submitted a detailed argument to the super fund explaining why her claim should be approved. Within a few months, we overturned the insurer’s decision, and Sandra received an $800,000 TPD payout across her two eligible policies.
Ali was rear-ended on the motorway while driving home from university. His physical injuries were relatively minor, but his mental health deteriorated significantly, leaving him unable to attend his full-time course or his two part-time jobs.
His psychiatrist diagnosed him with PTSD. Ali initially came to us for help with his CTP motor vehicle compensation, but his condition worsened, with social isolation, sleep deprivation, depression, anxiety, and flashbacks. We identified that he may also be entitled to a TPD lump sum payout.
Our TPD specialists got to know Ali personally and recognised he had a strong case, but one that would be very difficult to manage alone. We handled the entire claims process for him, and Ali received a $629,000 TPD payout.
A successful claim means you’ve received a lump sum payout from your TPD insurance because a diagnosed mental illness has stopped you from working. Success depends on proving your condition meets your policy’s definition of total and permanent disability.
Most claims take up to 6 months from lodgement to payout, though complex cases can take longer. The timeline depends on how thoroughly your application is prepared and whether the insurer requests additional information or disputes your claim.
Lodging an incomplete claim without enough medical evidence. Insurers often reject claims that lack detailed reports from psychiatrists or psychologists showing the severity and permanence of the condition — and many people give up at that point instead of getting help to strengthen their case.
It depends on your policy. Some require you to be unable to work at all; others cover you if you can’t return to your usual occupation. If you’re struggling to maintain even part-time work, it’s worth having your policy reviewed.
You don’t legally need one, but mental health TPD claims are notoriously difficult to prove and are often rejected initially. Our TPD specialists know exactly what evidence insurers need, can arrange independent assessments, and handle all communication — significantly improving your chances of success.
You’ll need detailed reports from treating psychiatrists or psychologists covering your diagnosis, treatment history, how your condition affects daily functioning, and why you can’t return to work. Strong medical evidence is often the difference between a claim being approved or rejected.
Yes. A diagnosis alone isn’t enough — you need to prove your condition meets your policy’s specific TPD definition. Insurers may reject claims if they believe you could return to work with treatment, if evidence is insufficient, or if there are gaps in your treatment history.
Claiming TPD doesn’t legally prevent you from working again if your condition improves, though your policy may have specific conditions about returning to work after a payout. What matters most is that at the time of your claim, you genuinely couldn’t work due to your mental illness.
Our TPD claim specialists can manage your TPD claim for mental illness from start to finish, making sure it’s thorough, well-evidenced, and assessed as quickly as possible. Law Partners is Australia’s largest specialist personal injury firm, with TPD lawyers in Sydney, Newcastle and Melbourne ready to help. We work on a no win, no fee basis and win over 99% of our cases. Call us on 13 15 15 for a free review of your cover and entitlements.
Shane Butcher
Partner
An accredited specialist in personal injury law and spokesman for the Australian Lawyers Alliance, with the best part of 20 years’ experience in assisting injured Australians to receive everything they’re entitled to.
Our senior lawyers will assess your case for free.
Request a callback
