What Is a Protective Filing Date for Social Security Disability?

One of the biggest financial challenges facing disability claimants is the (often lengthy) period of time between when you become unable to work and when you're approved for benefits. The Social Security Administration (SSA) attempts to relieve this financial burden by paying you your past-due benefits if you win your claim. In order to determine how much you'll get in backpay, the SSA typically uses either your disability onset date, your application date, or your protective filing date as the basis for the calculations.

Your protective filing date is when you first notify Social Security that you intend to file for disability benefits. For people applying for Social Security Disability Insurance (SSDI), your protective filling date is the date that the agency receives a written statement of your intent to file a claim. For Supplemental Security Income (SSI) benefits, an oral inquiry (like a phone call) is enough to establish your protective filing date.

Why Is Your Protective Filing Date Important for SSDI?

While most people use the terms "SSDI" and "SSI" interchangeably, the two benefits are quite different. SSDI, as the name suggests, is an insurance program available to people who've earned enough work credits to establish coverage, while SSI is needs-based and available to people with limited resources.

If you're eligible for SSDI and Social Security approves your claim, you can receive up to 12 months of retroactive benefits—meaning you can get paid for a portion of the time you were disabled before you filed your application. But in order to qualify for the full year of retroactive benefits, your disability onset date (when Social Security thinks you became disabled) must be at least 17 months before either your protective or your actual filing date. That's because SSDI benefits are subject to an additional five-month waiting period before they're paid out.

Having a protective filing date can also help you if you're thinking about filing for SSDI but you're nearing your date last insured (DLI). Your DLI is the date that your SSDI coverage runs out. (Like any type of insurance, SSDI coverage lapses if you don't pay the "premiums"—in this case, payroll taxes.) If you have a protective filing date that's before your DLI, you can preserve your eligibility for SSDI benefits even if you don't finish the application until after your DLI has passed.

In order to get a protective filing date for SSDI, you must let Social Security know in writing. Include a clear statement of intent—for example, say "I plan to file for disability benefits". Make sure that you sign the statement, and then file the application within six months of the date you send the letter. (After six months, you'll lose your protective filing date.)

Why Does a Protective Filing Date Matter for SSI?

The importance of protective filing dates for SSI differs from that of SSDI because, unlike with SSDI, Social Security can't award you SSI benefits retroactively. (And, unlike SSDI, there's no date last insured.) Because SSI back pay only covers the time it takes the agency to process and approve your claim, establishing a protective filing date before you apply for SSI means you might be able to receive a couple of extra months of back pay.

Remember that for SSI, your protective filing date is the day you let Social Security know, whether over the phone, in person, or online, that you're going to file a claim. But you can't just call up the agency to state your intent and never follow through. You need to submit your application within two months in order to keep your protective filing date.

How Do I Know the SSA Recorded My Protective Filing Date Correctly?

Employers of the SSA should provide you with notice of your protective filing date. (The agency used to have an electronic protective filing tool, but it was decommissioned in late 2024.) If you're speaking to a Social Security representative over the phone, ask them to send you a copy of your protective filing date in the mail. If you went to your local field office to protectively file, they should be able to give you the physical notice in person.

It doesn't hurt to keep your own paper trail, however. Keep copies of your correspondence with the SSA, and correct any mistakes that you see as soon as you spot them. If you're in doubt about your protective filing date status, contact the SSA to follow up.

Can You Get a New Protective Filing Date After a Denial?

Protective filing dates will close automatically if you don't apply for SSDI within six months or SSI within two months. If you submit your disability application within that time period, your protective filing date will remain intact throughout the entire disability appeal process, even if you need to appeal several times (as most claimants do). However, if you choose to reapply rather than appeal, your new application can have a new protective filing date.

No matter which option you choose to pursue, you may want to consider contacting an experienced disability attorney for assistance. Your lawyer can help get your medical records so that when you're ready to file, you have the best shot of winning on your first try. Disability representatives don't get paid unless you win your claim and many offer free consultations, so there's little risk in asking around to find a lawyer near you who's a good match.