TN 13 (11-10)

SI 02003.007 IAR Authorization Used as Protective Filing

A. Policy when IAR authorization is a protective filing for an initial claim

An IAR authorization is a protective filing for an initial claim if it provides an earlier filing date than the application filing date and:

  • the State receives it before the SSI claim is denied; or

  • SSA receives it after we have denied the SSI claim, but the denial is reversed through the appeal process and the authorization will be used to reimburse the State if a retroactive payment is due the claimant.

NOTE: Effective with the implementation of eIAR, all IAR authorizations for all manual and automated IAR States contain protective filing and closeout language.

B. Policy for determining the protective filing date based on IAR authorization

The date the State received the signed IAR authorization and the date the individual filed the SSI application are the controlling dates for determining protective filing.

1. SSI initial claims

Determine the filing date as follows:

  • Manual Notification State: Use the date the State received the IAR authorization as the protective filing date if the individual files an application within 60 days of the date the State received the authorization. Use the date the State IAR representative signed the authorization as the date received by the State.

  • Automated Notification State: Use the date the State received the IAR authorization (as shown on the PR-73 alert) as the protective filing date. In these situations, we presume that the State received the authorization on the date the individual signed it. However, if the date the State representative signed the authorization is earlier than the date the individual signed the authorization, use the date the individual signed the authorization as the protective filing date.

  • Use the date the individual files the SSI application as the effective filing date if the individual files the application more than 60 days after the date the State received the signed IAR authorization. For more information about automated notification States, see SI 02003.020C.

2. Authorization received after withdrawal of SSI application

An IAR authorization received by the State after the date of a withdrawal of an SSI application serves as a protective filing if the individual files an SSI application within 60 days of the date the State receives the signed authorization.

3. Authorization discovered after initial claim was processed

If we discover an effective IAR authorization after the initial claim was processed and the signed authorization establishes an earlier protective filing date, it is necessary to redevelop the claim based on the protective filing date.

4. Effect of 30 calendar day rule on protective filing date

If the State fails to notify SSA within 30 calendar days of the receipt of an IAR authorization, the authorization is not binding and has no effective life. However, the authorization still serves as a protective filing date for SSI if the individual files an application within 60 days of the date the State receives the authorization.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502003007
SI 02003.007 - IAR Authorization Used as Protective Filing - 11/19/2010
Batch run: 11/24/2010
Rev:11/19/2010