TN 75 (04-26)

SI 00601.025 Oral Inquiry as Protective Filing

CITATIONS: 20 CFR 416.345, 416.350

A. Policy - oral inquiry

An oral inquiry is when a potential claimant or third party asks about the potential claimant's eligibility for Supplemental Security Income (SSI) payments. When an oral inquiry is received, it must be documented to establish a protective filing. If a protective filing already exists and the closeout period has not expired, then no further action is needed.

We will use the date of an oral inquiry about SSI payments as the filing date of an application for SSI payments only if:

  • Use of that date will result in SSI eligibility,

  • The potential claimant is alive at the time the inquiry is made, and

  • A proper applicant files a valid application within 60 days from the date of the protective filing closeout notification.

B. Documenting oral inquiries

SSA technicians will use SSA systems (e.g., Modernized Claims System (MCS), Consolidated Claims Experience (CCE), Appointment Scheduling Calendar (ASC), Enhanced Leads and Appointment System (eLAS)) to document the protective filing based on the oral inquiry.

C. Title II application as an SSI oral inquiry

The Title II application filing date serves as an oral inquiry for SSI payments whenever the claimant is within 2 months of age 65 or older or alleges blindness or disability. During the Title II claim interview, the SSI question automatically comes into the claims path whenever the claimant is within 2 months of age 65 or older or alleges blindness or disability and the technician must explain the requirements for receiving SSI payments and give the person an option to file an application.

If the person does not wish to file an application for SSI when SSI is explained to them, we will record their answer on the Title II application. If the person wants to file for SSI, we may use the date of the Title II application as protective filing for the SSI application if an application is filed within 60 days.

D. SSA L-991 notice used as documentation

The Social Security Administration (SSA) uses an SSA-L991 notice to document a potential claimant's decision not to file for SSI payments only if they request it or choose not to file during their scheduled SSI appointment. If the potential claimant appears ineligible based on other factors of eligibility, indicate such in the notice. The SSA-L991 does not include protective filing dates, as closeout language was already provided either online or by an SSA technician.

NOTE: Do not send an SSA-L991 for missed or rescheduled appointments.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500601025
SI 00601.025 - Oral Inquiry as Protective Filing - 04/28/2026
Batch run: 04/28/2026
Rev:04/28/2026