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.