TN 14 (03-05)
SI 00601.015 Protective Filing - General
20 CFR 416.340 and 416.345
The supplemental security income (SSI) protective filing date may be established based on either a written statement of intent to file or an oral inquiry about SSI eligibility.
The policies for protective filings are as follows:
The date of a written statement or oral inquiry protects the SSI filing date when the criteria in SI 00601.020 (protective writings) or SI 00601.025 (oral inquiries) are met. Since an open protective filing date (i.e., one where no closeout notice was issued, or the closeout notice was issued but the protective filing closeout period has not yet expired) is always material to eligibility and payment, the protective filing date must be used as the application filing date unless the age 65 systems limitation applies (see GN 00204.007E). Using the protective filing date as the application filing date gives the claimant the earliest filing date possible and appeal rights back to this date in the event the claimant disagrees with the formal determination.
NOTE: The date of a SSI teleclaim interview serves as an oral inquiry for SSI if the criteria in SI 00601.025A. apply. See GN 00204.007 for determining the application filing date when a protective filing date does not exist.
See SI 00601.009 for application effective date policy.
Dispose of protective filing documentation as follows:
|If an application is...||Then...|
filed by the protective filing closeout date shown in the closeout notice
file the protective filing documentation in the claims folder unless Program Operations Manual System (POMS) instructions state otherwise.
not filed by the protective filing closeout date shown in the closeout notice
retain the protective filing documentation for 90 days after the date the closeout notice is issued, then destroy it. If an application was taken but not received within this period, delete the claim from MSSICS (or destroy the paper application). Do not manually clear the MSSICS claim. If the application is received after the 60-day protective filing period has expired, but before the 90 day protective filing retention period has elapsed, recontact the claimant to determine if his/her circumstances have changed before reestablishing the claim in MSSICS (or taking another paper application).
NOTE: You must determine the new filing date since the application was not filed within the protective filing period.
EXCEPTION: An interim assistance reimbursement (IAR) authorization must be retained until it expires.