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Post by warren1969 on Jul 6, 2016 11:46:00 GMT 7
Hi everyone,
I just wanted to put the feelers out there in regards to wether anyone knows if once you have received a TPD lump sum for being disabled you are able to return to work or not? without any legal issues? I also would like to know if there would be major issues in regards to getting back onto the DSP within the first 1 or 2 years after returning to work and finding out that your body and health won't allow you to work.
Any feedback would be very much appreciated as I am weighing up some options at the moment.
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Post by Banjo on Jul 6, 2016 12:31:21 GMT 7
The worst that you could expect is a reassessment.
I understood that you could give notice that you intended to try to return to work and they would give you up to 2...3?... years to return to the DSP if you so desired.
Not sure about TPD lump sum.
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Post by scallywag on Jul 6, 2016 12:58:18 GMT 7
I'm pretty sure TPD is payed if you can no longer work in the area you are trained or qualified to work, so working in a new area should be ok.
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Post by murphy on Jul 6, 2016 13:00:15 GMT 7
Hi everyone, I just wanted to put the feelers out there in regards to wether anyone knows if once you have received a TPD lump sum for being disabled you are able to return to work or not? without any legal issues? I also would like to know if there would be major issues in regards to getting back onto the DSP within the first 1 or 2 years after returning to work and finding out that your body and health won't allow you to work. Any feedback would be very much appreciated as I am weighing up some options at the moment. How soon you can return to work following a TPD payout depends on the terms of the settlement. Receiving compensation while you are on a benefit usually results in a preclusion period. Centrelink's Compensation Recovery Team has in the past been helpful with giving advice about how compensation may affect DSP. www.humanservices.gov.au/customer/services/centrelink/centrelink-compensation-recoveryIf you are presently on DSP I believe you can return to work for 30hrs and expected to be long term (eg. full time permanent role) in which case your payment is suspended for up to 2 yrs. It is critical that you notify Centrelink within 14 days if you commence work of 30 hrs and expected to be long term. If you notify outside the 14 days your payment is cancelled rather than suspended and you'll need to reapply for DSP.
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Post by warren1969 on Jul 6, 2016 13:34:08 GMT 7
Ok Thanks guys Sounds like a plan with the DSP will notify within the 14 days if I do return to work. I will have to do some further digging about the TPD lump sum because I would hate to return to work for a little while and then have them chasing me for the lump sum amount.
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Post by warren1969 on Jul 7, 2016 10:14:39 GMT 7
Good news guys I spoke with my Solicitor today and she stated that under Australian law the Superannuation company can't seek any of the lump sum from me if I return to work which is great news.. Now all I have to do is find work and thats another story altogether
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Post by warren1969 on Jul 7, 2016 13:37:48 GMT 7
The worst that you could expect is a reassessment. I understood that you could give notice that you intended to try to return to work and they would give you up to 2...3?... years to return to the DSP if you so desired. Not sure about TPD lump sum. Hi Banjo after spending 1.5hrs on hold today I finally got through to C/L and you are right they said that if I informed them that I wanted to return to work they would suspend my DSP for a period of up to 2 years and that I can keep my Pension card for 12 months after returning to work. They also said that if I do return to work and after a while my body cant handle the strain or effort of working just call up and over the phone they would reinstate my DSP.
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Post by murphy on Jul 9, 2016 21:29:12 GMT 7
I'm presuming you (or your solicitor) notified C/L Compensation Recovery Teamof your receipt of compo? Excellent news that TPD won't affect return to work. Best wishes in your job search.
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Post by warren1969 on Jul 11, 2016 5:35:55 GMT 7
I'm presuming you (or your solicitor) notified C/L Compensation Recovery Teamof your receipt of compo? Excellent news that TPD won't affect return to work. Best wishes in your job search. Murphy, I informed C/L of my lump sum the day I received payment quite a while ago. It was not compensation it was a TPD lump sum payment from my Superannuation insurance. Thanks don't know how I would go returning to work I just wanted to make sure that if in the future I tried returning to work I would not have any legal ramifications that would be the last thing I need
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Post by murphy on Jul 11, 2016 8:08:16 GMT 7
Ah okay, I wasn't certain it was via superannuation. There's no preclusion period for that type of lump sum. In this case they are only interested in the sum for the purposes of treating it as an asset and deeming it. If you put the $ into your house or spend it, notify again (you can change most of your assets in your online account). The fewer assets you have being deemed, the more pension in your hand.
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Post by warren1969 on Jul 11, 2016 9:04:18 GMT 7
Ah okay, I wasn't certain it was via superannuation. There's no preclusion period for that type of lump sum. In this case they are only interested in the sum for the purposes of treating it as an asset and deeming it. If you put the $ into your house or spend it, notify again (you can change most of your assets in your online account). The fewer assets you have being deemed, the more pension in your hand. Thanks Murphy, Yes thats the plan of attack in the midst of purchasing first home etc and will get rid of a lot of things like term deposits etc will tie it all into our home etc which like you say will give us more pension in hand.
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Post by tasjo on Sept 6, 2016 23:28:32 GMT 7
I'm presuming you (or your solicitor) notified C/L Compensation Recovery Teamof your receipt of compo? Excellent news that TPD won't affect return to work. Best wishes in your job search. Murphy, I informed C/L of my lump sum the day I received payment quite a while ago. It was not compensation it was a TPD lump sum payment from my Superannuation insurance. Thanks don't know how I would go returning to work I just wanted to make sure that if in the future I tried returning to work I would not have any legal ramifications that would be the last thing I need
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Post by tasjo on Sept 6, 2016 23:31:31 GMT 7
Hi... the only thing I have ben advised is that your future employer must be advised that you have been paid TPD as it cant be claimed again.
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Post by warren1969 on Sept 15, 2016 19:30:13 GMT 7
Hi... the only thing I have ben advised is that your future employer must be advised that you have been paid TPD as it cant be claimed again. Hi Tasjo, My Solicitor advised me the below, Further, whilst it is important that you are honest about your pre-existing injuries and claims should you be asked there is no obligation to inform your employer of your total and permanent disablement payment. It would be more likely the case that they enquire as to whether you have any pre-existing injuries or medical conditions which may prevent you from performing the duties of the occupation as opposed to whether you have received any payouts.Regards,
Warren
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Post by Deleted on Sept 16, 2016 5:59:57 GMT 7
Hi... the only thing I have ben advised is that your future employer must be advised that you have been paid TPD as it cant be claimed again. Hi Tasjo, My Solicitor advised me the below, Further, whilst it is important that you are honest about your pre-existing injuries and claims should you be asked there is no obligation to inform your employer of your total and permanent disablement payment. It would be more likely the case that they enquire as to whether you have any pre-existing injuries or medical conditions which may prevent you from performing the duties of the occupation as opposed to whether you have received any payouts.Regards,
Warren TDP payments aren't anyone else's business but the concerned parties and usually include a confidentiality clause.
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