BASIC (04-00)

VB 00201.025 Protective Filing—Written Statement

A. Introduction

A written statement may establish the filing date for the title VIII benefits if the criteria for written statements in GN 00204.010A.1. are met.

A telefaxed statement that meets the criteria above is a written statement and protects the SVB filing date as of the date of receipt of the telefax. However, the original written statement must still be obtained.

B. Protective Writing Documents

See GN 00204.010 for protective writing documents. Also see SI 02003.015 for instructions about when the protective writing is an IAR authorization for SSI.

1. Determining The Protective Filing Date

Follow GN 00204.007 which gives instructions for determining the protective filing date based on a written statement. SI 02003.015 contains instructions for situations where the protective writing is an IAR authorization.

2. Claimant Dies After Making a Written Statement But Before Filing

Follow the guidelines in GN 00204.005A. and GN 00204.005B for when the claimant dies after making a written statement but before filing. Also, SI 02101.003 contains instructions for who may receive a title XVI underpayment. However, under title VIII, there is no provision for the payment of underpayments or of benefits to dependents or survivors.

3. Disposition

A written statement must be closed out.

C. Reference

Closing Out a Protective Writing, GN 00204.012, SI 00601.035, VB 00201.035


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1400201025
VB 00201.025 - Protective Filing--Written Statement - 08/14/2012
Batch run: 08/14/2012
Rev:08/14/2012