C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart C—Filing of Applications

20 C.F.R. § 416.340

Use of date of written statement as application filing date

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We will use the date a written statement, such as a letter, an SSA questionnaire or some other writing, is received at a social security office, at another Federal or State office designated by us, or by a person we have authorized to receive applications for us as the filing date of an application for benefits, only if the use of that date will result in your eligibility for additional benefits. If the written statement is mailed, we will use the date the statement was mailed to us as shown by a United States postmark. If the postmark is unreadable or there is no postmark, we will use the date the statement is signed (if dated) or 5 days before the day we receive the written statement, whichever date is later, as the filing date of an application for benefits. In order for us to use your written statement to protect your filing date, the following requirements must be met:

(a) The written statement shows an intent to claim benefits for yourself or for another person.

(b) You, your spouse or a person who may sign an application for you signs the statement.

(c) An application form signed by you or by a person who may sign an application for you is filed with us within 60 days after the date of a notice we will send telling of the need to file an application. The notice will say that we will make an initial determination of eligibility for SSI benefits if an application form is filed within 60 days after the date of the notice. (We will send the notice to the claimant, or where he or she is a minor or incompetent, to the person who gave us the written statement.)

(d)(1) The claimant is alive when the application is filed on a prescribed form, or

(2) If the claimant dies after the written statement is filed, the deceased claimant's surviving spouse or parent(s) who could be paid the claimant's benefits under § 416.542(b), or someone on behalf of the surviving spouse or parent(s) files an application form. If we learn that the claimant has died before the notice is sent or within 60 days after the notice but before an application form is filed, we will send a notice to such a survivor. The notice will say that we will make an initial determination of eligibility for SSI benefits only if an application form is filed on behalf of the deceased within 60 days after the date of the notice to the survivor.

[45 FR 48120, July 18, 1980, as amended at 51 FR 13493, Apr. 21, 1986; 58 FR 52912, Oct. 13, 1993]
Notes of Decisions
Cited in 10 cases (8 in the last 5 years), 1996–2026 · leading case: Katherine Graham v. United States
Sort: Relevance Newest Treatment
Katherine Graham v. United States (1996) ca9 “704 (notice mailed to certain past and present claimants by Social Security Administration stating that black lung benefits claims may be reconsidered); 20 C.F.R. § 416.340 (notice mailed by Social Security Administration to claimants informing them of the need to file an…”
Heather Dashti v. Michael Astrue, Commissioner (2013) ca5 “20 C.F.R. § 416.340 . The SSA will use this date rather than the date of the official signed application for benefits "if the use of that date will result in [a claimant's] eligibility for additional benefits.”
Mendiola v. Kijakazi (2022) akd “Pursuant to 20 C.F.R. § 416.340 - 345, a protective filing date establishes the earliest possible application date based on a claimant’s oral inquiry about eligibility or a verbal or written statement of intent to file for benefits.”
Garcia v. Saul (2022) ctd “” 20 C.F.R. § 416.340 . When a filing date is established by a claimant’s written statement, the claimant is deemed to have “protectively applied” on the date her written statement was received.”
Hood v. Social Security Administration, Commissioner of (2022) ksd “See 20 C.F.R. § 416.340 ; 20 C.F.R. § 416.345 .”
Slowter v. Social Security Administration, Commissioner of (2022) ksd “See 20 C.F.R. § 416.340 ; 20 C.F.R. § 416.345 .”
Henry v. Social Security Administration, Commissioner of (2022) ksd “See 20 C.F.R. §§ 416.340 , 404.630, 416.345. 3 Citations to “Tr.”
Medeiros v. Saul (2021) mad “The date a written statement is received, mailed or signed will “protect” the plaintiffs filing date—that is, it will be used as the application filing date—if the conditions under 20 CFR § 416.340 are met. Thus, it appears that Medeiros was entitled to a protective filing date…”
Mason v. Social Security Administration (2023) mad “The date a written statement is received, mailed, or signed will “protect” the plaintiff’s filing date—that is, it will be used as the application filing date—if the conditions under 20 C.F.R. § 416.340 are met. Thus, it appears that Mason was entitled to a protective filing…”
Pamela Begay v. Commissioner of Social Security Administration (2026) azd “16 See 20 C.F.R. §§ 416.340 , 416.345. This is known as a “close-out” notice.”
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