Naming a child on a Title II application establishes a protective filing for the child.
If a child is not specifically named, but the application includes enough information
to identify the child, find intent to file for that child. For example, an unborn
child whose birth is referred to on the NH's application with a statement such as:
“My wife is pregnant and expecting our baby in 4 months” receives the same filing
date protection as the NH. The CR must prepare a manual diary to control and send
out the closeout notice to the NH in the month of the child's expected birth. Policies
and procedures for protecting the interests of a child, including establishing a protective
filing date for the child are in RS 00203.050.
EXCEPTION: If the NH's spouse, former spouse, widow(er), or any other applicant who files a
Title II application on behalf of his or her child with the NH also states that he
or she thinks the NH may have a child in another household, but has no information
about that child, this as a lead. See GN 00202.020 for processing leads. Do not establish a delayed claimant on the MBR for this individual
per GN 01010.140A.2.
EXAMPLES: The following examples illustrate what is a protective writing and what is a lead.
If Henry is specifically listed as a child on Fred’s DIB (HA) application, this is
a protective writing for Henry.
If Fred’s ex-wife, Kathy, names or provides enough information to identify Henry as
the NH’s child on an application for Fred’s other children, this is also a protective
writing for Henry. Place Henry on the MBR as a Delayed Claimant if development is
still outstanding for him and the other criteria in GN 01010.140A.1. are met. This
will ensure the children for whom Kathy is filing are not overpaid if Henry’s claim
is subsequently awarded.
If Kathy only thinks there is another child of Fred’s in another household but she
cannot provide enough information to identify this child, this is only a lead. Do
not establish this child on the MBR as a Delayed Claimant since no protective writing
has been established, and doing so would erroneously reduce the other children’s monthly
benefit amounts (see GN 01010.140A.2.).
NOTE: If Fred dies, Kathy files a survivors application for Fred’s other children and
does not mention Henry, but Henry’s name is listed in the NH’s obituary in the newspaper,
this is not even a lead (i.e., someone would first have to contact SSA and inquire
on Henry's behalf).
If the NH filed for Title XVI benefits, did not list all or any of his or her children
on the filed Title XVI application, but did list the child(ren) on the Title II supplemental
application, the child(ren) named are protected as of the filing date of the Title
XVI application. See GN 00204.027 for processing open Title II applications. However, for 216(h)(3) children, if the
child was not named on the Title XVI application, but was named on the supplemental
Title II application, the filing date of the Title XVI application cannot be used
as the date of a written acknowledgement. See GN 00306.100D.2. for determining the effective date of relationship for a 216(h)(3) child.
CAUTION: It is important to explore eligibility for all classes of Title II benefits for children
named on the NH's application.