What is Protective Filing in a Disability Case?

Disability benefits are granted to those who have been deemed disabled and who are no longer able to work to financially support themselves. The Social Security Administration determines the approval for such claims and evaluates each claim individually in order to assess whether the applicant is disabled enough to qualify for benefits. Because the approval of a disability claim may take several months, those with approved claims may be entitled to back pay as long as the correct documentation is on file with the Social Security office to support the claim for disability. Collecting back pay for the medical condition that has made you disabled is dependent upon the date of application, and this is where the importance of protective filing comes in.

What Is Protective Filing?

The Social Security Administration defines protective filing as a status that is obtained upon the first point of contact. In other words, you achieve protective filing status from the date when you state in writing that you intend to apply for and collect disability benefits from Social Security. This date often is often much earlier than the date of the actual application that is eventually submitted and received. This date becomes the date from which you are entitled to collect SSI benefits or certain other types of benefits from the SSA. However, for SSDI, the date when you are first eligible is generally five months after the onset date of your disability.

Protective filing is important because it helps those who can no longer work get the benefits they are entitled to, back to the date when the initial contact is made and interest in benefits is expressed. Because protective filing occurs before a formal application for disability benefits is made to the Social Security Administration, the disabled person is able to collect an amount of disability back pay for the time that elapsed between establishing protective filing status and the date the formal application was actually received.

How Protective Filing Works

The process of protective filing must start with a face-to-face visit at the local Social Security office or with a handwritten letter that is delivered personally to the Social Security Administration. You cannot gain protective filing status through use of the online Social Security website. To obtain protective filing status, your letter or statement can be short and simple. Even a letter saying that you intend to claim benefits may be enough to suffice. Prior to submitting the letter, you will also want to make copies for your own personal records to ensure the protective filing date is correct and that you have proof of such a date.

Once Social Security receives your intent letter to establish protective filing, they will enter this information into the system and send you a letter in return. The date of the letter designates the beginning of a a six-month period that you will have in order to complete the formal application process and make a formal disability claim for benefits. If the claim is approved and you are granted disability benefits, you will receive back pay from the established protective filing date that the Social Security Administration has on file.

Things You Need to Know

The Social Security Administration processes thousands of new claims a year, and there are times when documentation can be lost. It is imperative that you keep a copy of your letter of intent in order to prove the protective filing date should questions arise about the back pay benefits you are entitled to. Failure to keep a copy of this information could lead to you not being able to collect the back pay, which can have a significant financial impact on your life. You must also make sure to file the formal application for benefits within a six month period from the time the Social Security sends a letter back to you indicating that you should do so. This time period begins as of the date of the letter, and it is vital for you to make sure your claim is filed within this time period, otherwise you will lose the rights to get back pay starting from your protective filing date.

If you believe that you are entitled to benefits from the SSA on the basis of your disability, you should strongly consider getting legal help. A qualified and experienced attorney can assist you in understanding what your options are for obtaining protective filing status and for maximizing your chances of getting the full amount of benefits due to you in a timely manner.