VB 00201.020 Protective Filing—General
An individual's SVB filing date may be established based on either a written statement or an oral inquiry about SVB entitlement.
B. Policy - General
The general policies for protective filings are as follows:
The date of a written statement or an oral inquiry protects the SVB filing date when certain other criteria are met and use of that date will result in qualification/entitlement to SVB benefits.
A written statement or an oral inquiry must be closed out per VB 00201.035.
C. Policy - Protective Filing Period
The protective filing period for written statements and oral inquiries is 60 days after the date of the closeout notice. There are no provisions to extend this time period based on "good cause" for late filing or mail time when an application is returned to SSA through the U.S. mail.
EXCEPTIONS: When the 60th day falls on a nonworkday, the protective filing period ends with the following workday.
In situations where a prior closeout notice was issued and an application is completed within the 60-day protective filing period but must be sent to the applicant for signature, explain to the applicant that if he/she returns the signed application within the first 60-day period, we will use the date he/she first contacted us as the filing date. If the application is received after this date, but within the second 60-day period, we will use the second contact date as the filing date.
The claimant contacted the Regional Federal Benefits Office in Manila on May 15, 2000 and stated that he wanted to file for SVB. A close-out notice was sent on June 1, 2000 advising the claimant that he had 60 days from the date of the notice (July 31, 2000) to file an application form for us to use the date he first contacted us as the filing date. The claimant contacts the office on June 15, 2000 to request an application form. The application form is mailed to the claimant June 17, 2000. On August 15, 2000, the completed and signed SSA-2000 is returned to the office.
Since the signed application form was received after July 31, 2000, we will use the date the claimant contacted the office the second time, i.e., June 15, 2000 as the filing date.
D. Policy - Earlier Protective Filing Open
A protective filing should not be documented/closed out when an earlier protective filing date is open i.e., no closeout notice was issued. The earlier protective filing date is controlling.
Dispose of protective filing documentation as follows:
1. Application Filed within 60 Days After the Date of Closeout Notice
File the documentation in the claims folder.
2. Application Not Filed Within 60 Days After the Date of Closeout Notice
Retain for 90 days (i.e. 60 days plus 30 additional days) after the date of the closeout notice. If an application is not filed within the above time period, destroy the documentation.