Consider a delayed claimant to be entitled when determining the amount payable to
the late filer. Divide the amount payable to the family between the late filer, the
beneficiaries already on the rolls (protected beneficiaries), and the delayed claimant(s),
even though no benefits have been certified to the delayed claimant(s).
NOTE: If another dependant files for benefits and becomes entitled during the retroactive
period and the delayed claimant has not been certified for payment, divide the benefits
considering all beneficiaries including the new late filer, the protected beneficiaries,
and the delayed claimant. Although you are changing the amount for the delayed claimant,
do not consider the delayed claimant as a protected beneficiary in the new award.
Example: The MBR has C1, C2, C3, C4, & E with the DOE of 05/06. C4 is in delayed status.
In 08/06, C5 filed for benefits and was awarded with DOE of 05/06. The TMAX was $1939.40
and the 05/06 MBA was $387.80. Benefit rates which have not been paid (for any reason)
are not protected under Section 202(j)(1). Likewise, a claimant who is reflected on
an award as delayed is not protected. Divide benefits not yet certified between the
delayed claimant, the protected beneficiaries, and the “new” late filer. The only
beneficiaries whose rates are protected by Section 202(j)(1) would be C1, C2, C3,