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Under current regulations, a protective filing may be established only if the claimant, the claimant’s spouse, or a person who may sign an application on the claimant’s behalf (20 CFR 416.340(b), 416.345(b)) submits a signed written statement expressing intent to file, or makes an oral inquiry. Under our regulations, people who may sign such an application include parents or caregivers of claimants who are minor children or mentally incompetent (20 CFR 416.315). However, the regulations do not authorize other third parties to sign an application or otherwise establish a protective filing date, unless the situation meets the regulatory exception. The exception only allows considering a protective filing from a third party if it prevents a loss of benefits due to a delay in filing when there is a good reason why the claimant cannot sign an application.

Revising the regulations and combining them to provide one set of rules for both situations will simplify policies and business processes while assisting vulnerable populations who may need assistance providing their intent to file and recording their protective filing.

Amending both regulations to allow third parties who are assisting the potential claimants to submit a written statement regardless of whether the written inquiry is signed will protect claimants who are unable to provide the information by themselves.

Statement of Need:

We need these revisions in order to simplify policies and business processes while assisting vulnerable populations who may need assistance providing their intent to file and recording their protective filing. Amending both regulations to allow third parties who are assisting the potential claimants to submit a written statement regardless of whether the written inquiry is signed will protect claimants who are unable to provide the information by themselves.

Anticipated Costs and Benefits:

We cannot quantify costs and benefits at this time, but this change would allow SSA technicians to schedule appointments from the information submitted by the third party without first having to contact the potential claimant to confirm their intent to file nor developing for a good reason why the third party is providing us with the claimant’s intent to file. We see benefits here in terms of work hours for SSA employees and in terms of protective filings established for vulnerable populations requiring assistance.