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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 submits a signed written statement expressing intent to file, or makes an oral inquiry (20 CFR 416.340(b), 416.345(b)). 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 one exception is met: where a loss of benefits would result due to a delay in filing and there is a good reason why the claimant cannot sign an application.

We propose to revise the regulations and to simplify policies and business processes to make it easier for vulnerable populations who may need assistance to establish protective filings. These revisions include removal of the requirement to sign a written inquiry, so that third parties may better assist potential claimants with submitting written statements when those claimants are unable to provide information on their own.