Social Security Protective Filing
The 60 day window no one is talking about
As a Veteran, when I file a VA claim I can submit an “Intent to File”. This is telling the Veteran Administration that I believe I have a disability tied to my time in the service (or a “service-connected disability”). When I submit an Intent to File, I am giving myself an additional year to gather all the supporting documents I need and make a formal application for VA Disability benefits. If my claim is approved, the pay will be back-dated all the way to when the VA received my Intent to File and I will receive backpay. For example, if I submit an Intent to File in June 2023, file the claim in March 2024, and get approved in August 2024 then I will receive 13 months of back pay (June 2023 - July 2024).
Now you’re probably saying “That’s great Eric, but what does this have to do with Social Security?”. Social Security also has an intent to file. It’s called a “protective filing date” in Social Security language, and it gives you an additional 60 days to submit your actual claim. It doesn’t work the same way the VA’s process does. Instead, Social Security will either schedule you an appointment at one of their offices or have someone contact you to help you submit a claim. The “protective filing date” applies to both SSI and SSDI applications.
According to Social Security’s “Annual Report of the Supplemental Security Income” (yes, I’m this much of a nerd), a new online tool was released in March of 2022 allowing a person (or someone acting on their behalf) to submit an intent to file for SSI with Social Security. If you’d like to access this tool, use this link.
As always, I want to caution you about what to expect when you contact Social Security. Like any business, you have the chance of working with someone who may not know or understand the rules. If you are calling to ask about SSI or SSDI and they offer to set up an appointment to have someone help you with the application please ask them about the protective filing date. It’s not much, but every little bit helps, and if the extra 7 - 15 days end up getting you another month of benefits it’s worth it.
In most cases, it’s not going to have any impact on your claim. But if you’re working with families or individuals this is a good tool to keep in the back of your mind. Submitting the SSI application can be daunting, it’s long and asks a LOT of questions. Sometimes it’s helpful to have a real person help you complete it. And if you don’t want to hire someone to do this having a Social Security employee work with you is, in my opinion, the best solution.
Here are links to Social Security’s regulations if you’d like to do some additional reading on your own.
SI 00601.015 Protective Filing - General: https://secure.ssa.gov/poms.nsf/lnx/0500601015
GN 00204.010 Protective Filing: https://secure.ssa.gov/poms.nsf/lnx/0200204010
GN 00204.006 Where to File an Application: https://secure.ssa.gov/poms.nsf/lnx/0200204006
DI 25501.370 The Established Onset Date For Title XVI (SSI) Claims: https://secure.ssa.gov/poms.nsf/lnx/0425501370
Annual Report of the Supplemental Security Income Program: https://www.ssa.gov/OACT/ssir/SSI23/ssi2023.pdf