We may use an oral inquiry or written statement that indicates an individual's intent to file for EXR as the filing date for the reinstatement request for Title II disability benefits (including Medicare Part B) and Title XVI disability benefits. The rules for a protective filing apply to an EXR request see GN 00204.010.

EXR protective filings are closed out with a 60-day notice, versus the 6-month notice for Title II initial claims. Protective filing does not apply to the start month for provisional benefits. For determining when provisional benefits begin see DI 13050.025 (Title II) and DI 13050.030 (Title XVI).

EXR protective filing date protects the filing date of a new application if the EXR request is denied. A protective filing established for the wage earner also protects the filing date of Title II auxiliaries who are listed in the wage earner's request for reinstatement when we obtained intent to file from the wage earner, as stated in GN 00204.010A.

EXR request for one title can be used as a protective filing for the other title. For Title XVI cases, the date an individual contacts SSA also protects the filing date for an eligible spouse, for more information refer to GN 00204.0140A.

If it is not possible to complete an EXR interview immediately, take the following actions:

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  Schedule an appointment on the Post-Entitlement (PE) calendar of the claimants servicing field office (FO). Select event type "Other" and enter "EXPEDITED REINSTATEMENT" and document the EXR protective filing date in the appointment remarks section .

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  Manually create the EXR closeout notice in the Document Processing System (DPS).

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  Advise the claimant that provisional benefits and Medicare, if applicable, cannot begin until the claimant completes the EXR request forms.

In order for the protective filing date to be used as the filing date of the request, the individual must file the EXR request within 60 days of when the closeout notice is created (it is assumed that the individual received the notice within 5 days of the notice date).