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Protective Filing Date for SSD – What You Need to Know

When it comes to getting approved for social security disability benefits, being denied – at least the first time – is quite common. While many initially denied applicants do eventually get approved, there can be a long period of time between the action that caused the claim and the point where someone actually starts receiving funds.

There are numerous factors that go into when the back pay for a social security disability claim will begin. But one that can sometimes cause confusion is the protective filing date. This isn’t something that applies to every applicant, as certain factors have to be proved to determine an earlier protective filing date for social security disability.

Protective Filing Date for Social Security Disability – What You Need to Know

A protective filing date comes into play when a disability applicant made a written statement of intent to file for social security disability. In addition, a scenario that can arise is when an applicant will have started the filing process online and only partially complete the application. And while they may have only partially completed the application, it can help to establish the protective filing date.

The protective filing date can save an individual if their date of last insured with their employee has passed. An initial application could show that the date has passed, meaning the individual’s payment window would run out. But, if a protective filing date can be determined to have been before the date of last insured passed, the individual would then potentially be eligible for benefits.

If the protective filing date is found to be valid, applicants can receive up to a year of retroactive social security disability payments based on this date. It’s important to note that the five-month waiting period still applies – so to receive a full year of back pay, an individual would have to have been disabled at least 17 months prior to receiving benefits. The first five months of benefits are removed once the date is determined and finalized.

How To Establish a Protective Filing Date

  • A written notification that states the intent to file for disability within the next six months.
  • File for disability online and complete the Internet Claim Application Identification screen and receive an application number.
  • A clear statement of intent that is signed by the applicant and a qualified individual such as an SSA employee or guardian.
  • File an application within six months of the date of letter submission.

While the process can be somewhat complex and filing dates can be disputed, there is assistance out there. Get in touch with the professionals at Tabak Law if you have questions on protective filing date for social security disability – or if you have been denied SSD benefits.

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