Effective Dates: 4/24/2026 - Present

Identification Number:
GN 00204 TN 158
Intended Audience:See Transmittal Sheet
Originating Office:LP PPDX
Title:Applications
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part GN – General
Chapter 002 – Applications and Interviews
Subchapter 04 – Applications
Transmittal No. 158, 04/24/2026

Audience

PSC: CA, CS, ICDS, IES, ISRA, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, CAQCR, CC, CR, CTE, CTE TE, ERE, FCR, FDE, FDEC, RECONE, RECONR;
OCO-ODO: BET, CR, CST, CTE, CTE TE, DE, DEC, DES, DS, DSE, RECONE;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, DRT, DT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

AES

Effective Date

Upon Receipt

Background

To support SSA’s digital services and enhance the customer experience, we are updating our protective filing policies to streamline processes and ensure consistency with recent policy changes. We integrated Emergency Message (EM)-24006 REV into GN 00204.010 to provide guidance on recording protective filing dates. The revised policies expand the ability for third parties to initiate protective filings, clarify when to create a protective filing record, and make all previous lead policies obsolete.

Summary of Changes

GN 00204.010 Protective Writings for Title II and Title XVI

This section defines and outlines the requirements for protective filing. It provides detailed procedural instructions on how to establish protective filing, including the incorporation of recent policy updates from EM-24006 REV. This section clarifies that any third party, regardless of their relationship to the claimant, may initiate a protective filing on behalf of another individual, as long as the individual has a clear intent to file for benefits. It also explains that only individuals who express intent to claim benefits are eligible for protective filing, and that naming auxiliaries (i.e., spouse and child(ren)) on benefit applications does not automatically establish protective filing. Additionally, this section lists documents that may serve as a protective writing.

GN 00204.011 Use of Telephone Answering Machine Messages (TRUs) to Establish Protective Filings

We are archiving these obsolete instructions.

GN 00204.012 How to Close a Protective Filing

This POMS contains the policy and procedure for closing out a protective filing. We have consolidated the Title XVI instructions to provide clearer and more streamlined guidance. The updated process for providing closeout notification is also described, with many notices now delivered on-screen or by mail as part of their appointment confirmation notice. Claimants receive the closeout notification either on-screen (e.g., via iClaim, iAppointment) or directly from technicians during their interaction.

GN 00204.013 Third Party Non-proper Applicant and Protective Filing

We are archiving this section, as these instructions have been incorporated into GN 00204.

GN 00204.015 Title XVI Redeterminations (RZs) as Protective Filings for Title II Benefits

We are archiving this section.

GN 00204.010 Protective Writings for Title II and Title XVI

CITATIONS:

20 CFR 404.630, 404.631, 404.632, 408.340, 416.340

A. Policy – protective writings

The Social Security Administration (SSA) records an individual’s intent to file for benefits as protective filing. SSA establishes protective filing on the date it receives a written statement of intent to file for Title II or Title XVI benefits at one of the locations described in GN 00204.006. By establishing this date, SSA ensures that the individual does not lose potential benefits if they do not file an application at the time they first contact SSA.

A protective filing may be established for a spouse or child(ren) when an individual, acting on their behalf, clearly expresses the intent to file for benefits and either schedules an appointment or files a valid application. If an individual expresses intent to file for a spouse or child(ren), the technician can either schedule an appointment to establish a protective filing date or record the protective filing and send closeout for them.

SSA will establish protective filing when:

  • •

    An individual submits a written statement to establish intent to file or schedules an appointment to file an application for benefits;

  • •

    The written statement is signed by the individual, a third-party assisting the individual or SSA employee;

  • •

    The individual files a valid application; and

  • •

    The claimant is alive when the application is filed.

IMPORTANT: Naming a spouse or child(ren) on an application may establish a protective filing for them, but only when the NH indicates an intent to file for their benefits. Therefore, if the NH indicates during the interview that he or she has children or a spouse and no previous protective filing was provided, the technician must ask the NH if he or she intends to file an application for them. For certain electronic channel situations, refer to the important note in GN 00204.010D.3.b in this section. For protective filing on Disability Insurance Benefits (DIB) claims with auxiliaries, refer to DI 11010.030.

B. Requirements of a protective writing

1. Written statement must establish intent to file

The written statement must show the individual's intent to file for benefits either for themselves or on behalf of another and a reasonable time frame of when the individual intends to file for benefits (e.g., wishes to file for retirement this month). The intent cannot be at some future date (i.e., at full retirement age which is beyond the Title II four-month or Title XVI one-month advanced filing procedure).

Technicians can create a written statement when individuals contact SSA over the phone. For example, an individual may call and inform an SSA employee of their intent to file for benefits. In such cases, the employee must either schedule an appointment for the individual, take a valid application or send a protective filing closeout.

If the individual is eligible for benefits and they request benefit information, but do not want to file an application (i.e., there is no intent to file), do not create a protective filing date.

2. Written statement must be signed

  1. a. 

    A claimant, proper applicant, or a third-party individual assisting a claimant must sign the written statement. NOTE: For automated Interim Assistance Reimbursement (IAR) authorizations, refer to GN 00204.010E.3. in this section.

  2. b. 

    Individuals using SSA online tools, such as internet claim (iClaim) or internet Appointment (iAppt) can provide a written statement and electronically sign it.

  3. c. 

    In situations when an SSA employee creates a written statement for the claimant, such as scheduling an appointment, their personal identification number (PIN) satisfies the signature requirement.

3. Claimant must be alive

The claimant must be alive when the application is filed.

EXCEPTION: If the claimant dies before the application is filed or dies after it is filed, follow the instructions in GN 00204.005. If Title XVI payments are involved, see SI 02101.003 through SI 02101.010 for who may receive a Title XVI underpayment.

4. File a valid application

A valid application must be received within the 6-month protective filing closeout period for Title II or the 60-day protective filing period for Title XVI. Only the individual claiming benefits or a proper applicant for that person may sign the application for benefits. For proper applicant policy refer to GN 00204.003 and SI 00601.012.

C. Scope of a protective writing

1. Title II

The scope of the protective writing is determined by the application subsequently filed. The established protective filing will cover all benefits the individual is eligible for at the time of filing unless it contains restrictions on the scope of the benefit application, refer to GN 00204.020.

2. Title XVI

The scope of a Title XVI protective writing is determined by the application subsequently filed. An SSI applicant or recipient must take all appropriate steps to pursue eligibility for other benefits, see SI 00510.001.

3. Title XVIII

The Title II protective filing date can also establish the filing date for Title XVIII benefits (Medicare Part A). However, a Medicare-only protective writing establishes the filing date for Medicare only, refer to HI 00801.022.

D. Procedure to establish protective filing

Follow the instructions below when an individual contacts SSA to provide their intent to file for benefits, either for themselves or on behalf of another individual:

1. In-person or by telephone

  1. a. 

    Scheduling an appointment

    • •

      Establish the identity of the individual, per GN 00203.020.

    • •

      Determine the type of benefit(s) the individual wishes to file for.

    • •

      Review internal SSA records (e.g., Enhanced Leads and Appointment System (eLAS), Evidence Portal (EP), Technician Experience Dashboard (TED), WorkTrack, iClaim, etc.) to determine if a protective filing record already exists for the claimant under the same SSN and program (e.g., Title II, Title XVI, etc.) for which the individual is intending to file and verify if it has been closed out.

    • •

      If there is a prior protective filing record that has not expired, and the individual requests an appointment, schedule the appointment, but note the original protective filing date in the remarks, as applicable. Inform them of the prior closeout.

    • •

      If there is no prior protective filing record, follow current procedures to schedule the appointment and create the proper protective filing date. If you are unable to document the protective filing date in the appropriate appointment scheduling system (i.e., system outage), complete form SSA-2514 (Record of Claimant's Intent to File) and enter the information into the appointment system once the system is back online and destroy the SSA-2514. The appointment confirmation notice will provide the closeout notice.

    • •

      Ask if there is a spouse or child(ren) under the age of 18, age 18 to 19 and attending secondary or elementary school full-time or disabled before age 22. If they answer yes, ask if they intend to file for benefits for them. If scheduling an appointment in eLAS, create a protective filing record (i.e., "unscheduled lead") in eLAS for each family member who intends to file. Remember the NH is the proper applicant for his or her child(ren) even when the child(ren) are not living with the NH. The NH can file the application and the technician can follow normal procedures to develop for representative payee afterwards. Include the name and SSN of each of the family members in the "Remarks" section of the appointment.

    A request to reschedule an application appointment does not meet the criteria for a new protective filing date, as the initial contact to schedule the appointment established the original protective filing date.

    NOTE: If the individual calls back within the closeout period, but the rescheduled appointment is scheduled for after the closeout period ends, the new protective filing date will be the day after the closeout period ends. To prevent a loss of benefits, make every effort to schedule the appointment prior to the end of the closeout period.

  2. b. 

    During the claim interview

    Ask if there is a spouse or child(ren) under the age of 18, age 18 to 19 and attending secondary or elementary school full-time or disabled before age 22. If they answer yes, ask if they intend to file for benefits for them.

    • •

      If intent is provided, review internal SSA records to determine if the auxiliaries were previously listed on any appointment remarks or other SSA records to determine the appropriate protective filing date and obtain the application with a proper applicant.

    • •

      If there is no intent, document the reason provided in the remarks of the application. If there is no application on record (i.e., survivor's claim) or the NH's claim is archived, document the reason for not filing via the notes in TED.

    IMPORTANT: For individuals applying for disability, follow the same process to ask the NH for intent to file for any auxiliaries (i.e., spouse, child(ren)) at the time of the interview and review internal records to determine the correct protective filing date. However, defer obtaining the auxiliary application until the NH’s disability claim is allowed. For more information, refer to DI 11010.025C and DI 11010.030 . If the claim is identified as TERI, Military Casualty/Wounded Warrior, or 100 Percent Permanent and Total Disability, refer to DI 11005.007 and DI 11005.601.

    NOTE: If the additional family members are not available or do not file at the time of the appointment for other reasons, determine if an appointment should be scheduled, and schedule the appointment with a remark documenting the original protective filing date, as applicable.

2. Written statement mailed to an SSA office

  • •

    Review the information provided to determine that it meets the required elements of a protective writing, refer to GN 00204.010B in this section. A mailed written statement must contain the individual's name, Social Security Number (SSN), contact information (address and phone number), and a signature (not a typed-out name).

  • •

    Make two attempts to contact the individual to file the application or schedule an appointment. If unable to contact the individual, send a manual closeout notice using the Document Processing System (DPS).

  • •

    Store the written statement and a copy of the mailed DPS closeout notice in EP.

NOTE: SSA's receipt of a submitted written statement or application form may protect the claimant’s filing date but is not considered a valid application, as described in GN 00204.001.

3. Electronic service channels

a. iClaim

A protective filing date is established when the iClaim application is initiated and the individual has provided the contact information to receive a re-entry number. Applicants may create up to two partial records. If the records have not expired, use the start date of the earliest partial record as the protective filing date, provided the signed application is received within the protective filing closeout period.

Currently, there is no mechanism to collect intent to file for auxiliaries (e.g., spouse, child(ren)) named on an iClaim. Therefore, at any time you contact the NH to request evidence or develop other items on the application (Retirement or Disability), you must ask if there is intent to file for the auxiliaries. Take the following actions:

Retirement claims

  • •

    Ask if there is intent to file for the named auxiliaries.

  • •

    If the answer is yes, secure an application from the NH, or

  • •

    Send a closeout notice.

  • •

    If the NH or individual who submitted the application answers that there is no intent to file for the auxiliaries, document the claim to show that no protective filing was provided for auxiliaries.

Disability claims

  • •

    Ask if there is intent to file for the named auxiliaries.

  • •

    If the answer is yes, document the claim with "There is intent to file for auxiliaries if claim is awarded".

  • •

    If the answer is no, document the claim to show that no protective filing was provided for auxiliaries.

IMPORTANT: If a valid application for the protected auxiliaries is filed before the end of the closeout period, SSA can use the same protective filing date as the NH.

b. Online appointment scheduling systems (e.g., iAppt)

A protective filing date for the individual is established when an initial claim appointment is scheduled online through iAppt. After the appointment is successfully scheduled, iAppt generates an online confirmation page that includes the appointment details and the protective filing closeout notification.

IMPORTANT: There is no mechanism yet to collect intent to file for auxiliaries (e.g., spouse, child(ren)) from individuals who use iAppt. Therefore, collect intent to file for auxiliaries during all application interviews and use the same protective filing date as the NH.

NOTE: The protective filing date will automatically propagate to the Modernized Claim System (MCS) or the Consolidated Claim Experience (CCE). Always verify that the protective filing date is correct.

E. Other documents that may serve as protective writings

The following documents may serve as protective writings if the requirements are met in GN 00204.010B. For documents not listed, determine if the criteria are met. If so, treat the document as a protective writing.

1. Hospital statement

A written statement of intent to file that is filed with a hospital (e.g., admittance form or admission records) for Title II and Title XVIII (Medicare) applications is protective filing if:

  • •

    the claimant is a patient in the hospital;

  • •

    the hospital provides services covered by Medicare Hospital Insurance (Part A);

  • •

    a valid application is not pending; and

  • •

    the statement is sent to SSA.

NOTE: The protective filing date is the date the individual files the statement with the hospital.

2. Railroad Retirement Board (RRB) writing

A written statement of intent to file received by the RRB is also a protective filing for Title II and Title XVIII (Medicare) benefits if:

  • •

    the statement indicates intent to claim benefits under the Railroad Retirement Act;

  • •

    the individual filing the statement signs it;

  • •

    an application is not filed with the RRB on one of its forms; and

  • •

    the RRB sends SSA the statement.

NOTE: For RRB inquiries, see RS 01602.405.

3. IAR authorization

Manual IAR States - The date the State receives the IAR authorization serves as the written statement of intent to file for SSI benefits and establishes a protective writing. The receipt date is the date the form is signed by the State representative.

NOTE: Not all states include protective filing closeout language on their IAR manual forms.

Automated IAR States - The date shown on the PR-73 alert is presumed to be the date the IAR authorization is signed by the IAR applicant and the State representative.

NOTE: Automated IAR states must include protective filing closeout language on the IAR authorization. See SI 02003.007 for the policy on when an IAR authorization must be used as the SSI filing date. SI 02003.020 contains instructions for when the protective writing is an IAR authorization.

F. Protective filing closeout

A protective filing date must be closed out. Failure to close out a protective filing results in filing protection that will remain open indefinitely. For Title II and Title XVI closeout instructions see GN 00204.012.

 

GN 00204.012 How to Close a Protective Filing

A. Policy – protective filing must be closed out

A protective filing must be closed out either by taking an application or by providing the individual with a closeout notification, otherwise, it will remain open indefinitely.

The protective filing closeout period is determined as follows:

  • •

    Title II - the Title II protective filing closeout date is 6 months from the date of the Title II closeout notification.

  • •

    Title XVI - the Title XVI protective filing closeout date is 60 days from the date of the Title XVI closeout notification.

If the protective filing closeout date for either Title II or Title XVI falls on a non-workday, the protective filing closeout date is the following workday.

B. Procedure - closing out a protective filing

1. Individual in-person at the field office (FO) or by telephone

If an individual visits the FO or calls Social Security and provides an intent to file, close out the protective filing by either:

  • •

    Obtaining a valid application,

  • •

    Scheduling an appointment that includes closeout notification, or

  • •

    Providing a manual closeout notice.

Enhanced Leads and Appointment System (eLAS) - If the appointment is scheduled by a technician using eLAS and the appointment is at least 7 days in the future, protective filing closeout language is included in all initial claim appointment confirmation notices. If an appointment is scheduled via eLAS for less than 7 days in the future, the technician must issue a manual closeout notice promptly. In situations where the NH provides intent to file for an auxiliary (i.e., child or spouse) when he or she schedules an appointment to file a Title II claim, use the "create a new lead" screen in eLAS to create a protective filing record for each auxiliary for whom the NH provided intent to file. Promptly issue a Title II closeout notice for each auxiliary by selecting the “Print Title 2 Closeout Notice” radio button on the eLAS Development Worksheet screen. Refer to the important note below for auxiliaries protected on a Title II disability application.

IMPORTANT: For Disability Insurance Benefit (DIB) appointments, follow the same process to ask the NH for intent to file for any auxiliaries (i.e., spouse, child(ren)) at the time of scheduling an appointment, and record the intent. However, do not send closeout notification to auxiliaries, as their application will be deferred until the NH's disability claim is allowed at any level of adjudication (e.g., initial, reconsideration, or hearing). For more information, refer to DI 11010.025C and DI 11010.030.

NOTE: Intent to file for DIB auxiliaries exists for the life of the claim, including the appeal period.

2. Individuals using other service channels

a. Online appointment scheduling systems (e.g., iAppointment (iAppt))

  • •

    If the individual goes online and self-schedules an appointment via iAppt, the protective filing closeout language is presented on-screen to the individual. The individual must click a check box confirming they have read and understand the protective filing statement. For more information refer to GN 00204.010D.3.b.

b. Internet claim (iClaim)

  • •

    For first party applications completed in iClaim, the system provides closeout language online.

  • •

    For third party applications initiated in iClaim, both the third party and claimant are provided language for closeout. iClaim provides the third party with the closeout language during the completion of the iClaim application and SSA mails the claimant both the SSA-L1 and SSA-L2 notices, which contain closeout language.

c. Written statement mailed to an SSA office

For written statements mailed to an SSA office, follow GN 00204.010D.2. If unable to contact the individual to make an appointment, the technician must send a manual DPS letter as closeout notification. For the appropriate 6-month protective filing closeout notice for Title II refer to NL 00703.740 and for the appropriate 60-day protective filing closeout notice for Title XVI refer to NL 00804.245.

C. Paper application as protective filing

In situations where the claimant insists on providing a wet signature instead of attestation to sign or the claim is completed by a third party who is not a proper applicant, the claim interviewer must provide a cover notice with closeout language (if no closeout notice was provided before) and explain to the applicant that:

  • •

    If the signed valid application is returned within the existing closeout period, we will use the date they first contacted us as the filing date.

  • •

    If we receive the signed valid application after the closeout date, we will use the date we receive the signed application as the application filing date. For determining the receipt date refer to GN 00204.007B .

NOTE: There are no provisions to extend the protective filing date based on “good cause” for late filing or for mail time when an application is returned through the United States mail, refer to application receipt date policy GN 00204.007B .


GN 00204 TN 158 - Applications - 4/24/2026