Protective Filing Date - Important for SSDI & SSI Recipients
Read about the significance of protective filing date for social security disability insurance benefit and supplemental security income beneficiaries.
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Protective filing date – this is a very important date that social security disability applicants must know about. In the course of assisting social security attorneys with medical records services, we have understood that this date may mean different things based on whether you are approved for SSDI (social security disability insurance) or SSI (supplemental security income). •
SSDI is given to those who have worked for employers who paid taxes to social security. Premiums are paid to insure against future disability. If the premiums are not paid, coverage would end. Disabled people may stop working before being approved for disability benefits. The date the SSDI eligibility ends is called DLI or date last insured. If you apply for disability after your DLI, it will be denied since you are no longer covered by your SSDI policy.
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SSI is a federal income supplement awarded to disabled people who don’t have a qualifying work history. Since SSI is not insurance, beneficiaries can continue receiving this benefit as long as they can prove they are disabled and meet the income and asset requirements.
The Protective Filing Date is the date an applicant first contacts the SSA to indicate his/her intent to file SSDI/SSI applications. This date is used to determine when the applicant can start receiving SSI benefits. How to Establish a Protective Filing Date For SSDI •
Submit a signed, written notification to the SSA indicating your intention to file for SSDI within the next 6 months.
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Mention the date you completed your Internet Claim Applicant Identification screen and received an application number.
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Include a clear statement of your intention to file for SSDI benefits.
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Make sure that you, an SSA employee, or a qualified third party has signed the statement.
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Ensure that you file your application for SSDI within 6 months of the date you submit the letter of intent.
For SSI Applicants will only need to call the SSA or go to an office in person to ask about filing for SSI. They can start the process by initiating the application process online. They do not
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even need to complete the application because the date they start the application will automatically establish a protective filing date. The application for SSI must be submitted within 2 months of starting your online application or inquiring about your benefits. Applicants who fail to apply for their disability benefits within the time limit – i.e. 6 months for SSDI and 2 months for SSI – will lose their protective filing date. Protective Filing Date and SSDI A protective filing date is important for SSDI beneficiaries because it can make his/her insurance last longer. Applicants who establish a protective filing date before their DLI has passed, will still be eligible for SSDI even if he/she completes the application after his/her DLI has passed. If applicants can prove their disability started before the DLI passed may be entitled to receive benefits but proving this could be challenging. Retroactive Benefits for SSDI If an applicant is approved for SSDI, he/she can receive up to a full year of retroactive benefits based on his/her protective filing date. •
SSDI benefits do not start until 5 months after the SSA determines you became disabled
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The SSA will award retroactive benefits only for the 12 months prior to your protective filing date
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Therefore, you need to have been disabled at least 17 months prior to your protective filing date (5-month waiting period+12-months retroactive benefit eligibility) to receive a full year of retroactive benefit payments.
SSI and Protective Filing Date People without a work history may qualify for SSI. They have to prove their disability and also that they meet the income and asset requirements for SSI. An SSI applicant is given a protective filing date when he or she calls the SSA to ask about applying for benefits. Applicants can receive retroactive benefits back to the protective filing date, up to 2 months earlier than the date they filed their applications provided they prove to the SSA that they were disabled as of the time they established the protective filing date. The difference with SSI is that there isn’t a 5-month waiting period for SSI benefits based on disability. The benefits will start a month after the application date, or a month after the protective filing date was established.
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A social security disability attorney can be immensely helpful to applicants throughout the disability application process. Right from the initial determination of disability with the support of professional medical review solutions through successful representation in court, the attorney will take care of each minute detail. A good attorney will also give timely and expert counsel regarding the protective filing date and other legal requirements.
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918-221-7791