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 in GN 00204.010
apply to an EXR request. However, 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. See DI 13050.025
(Title II) and DI 13050.030 (Title XVI) for determining when provisional benefits begin.
An EXR protective filing date protects the filing date of a new application if the
individual decides not to pursue filing for EXR or 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.
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.