What is protective filing?
SSA protects your rights to file your application when they receive a written request indicating
intent to file for benefits. This is typically accomplished by you when you reach out to SSA to
schedule an appointment or when you establish your online retirement or disability application. Taking these actions protects your filing options and potential month of entitlement.
If you’re over age 62 and thinking of filing for your retirement soon, it would benefit you to schedule an appointment and discuss your options with SSA. This can be challenging due to the time you will be waiting on hold or you may experience a polite disconnect due to call volumes. Their appointment availability is usually booked solid, however your filing options would still be protected since they will keep a record of your inquiry.
Starting your online application with SSA will also establish protective filing. Initiate your online application and complete the basic personal identifying information until you receive what’s referred to as your reentry number. Make a record of your reentry number and then back out of the application. This will also protect your month of entitlement options.
At the same time you can reach out for counsel about your application with a SSA professional. This action does not protect your filing options within SSA. You must contact SSA directly in order to protect your options.
A written letter of intent to file for benefits will also create a protective filing. This may not be as efficient since mail can get lost and there would not be a digital record you can refer to for your records.
How does it affect me?
By establishing a protective filing you are protecting your right to your benefits. When SSA receives a protective filing, they take action to close out the inquiry officially. What this means is you will receive written notification that you have 6 months from the date of your inquiry to complete your application with your initial month of inquiry still being an option for entitlement.
It provides you with a 6 month window of flexibility for your month of entitlement.
For example:
A 63-year-old contacts SSA and establishes a protective filing on 05/20/24. They plan to stop work on 07/10/24 but are not certain how their wages are going to affect their eligibility. They believe they need to stop work in order to receive benefits and do not speak to a SSA specialist until 08/05/24. If they speak with a SSA specialist they may be advised that due to their expected earned income for the year they are in fact eligible for benefits to start in May vs July when they plan to stop working. Since they had a protective filing established in May they have the option of electing May for their month of entitlement and receive more SSA at the start of their entitlement than they expected. They can still restrict their month of entitlement to July for a slightly higher benefit rate, but only have the option of the earlier entitlement since they established a protective filing date.
Why should I educate myself about it?
Educating yourself of your entitlement options can make a difference in your total benefits received. In the example above you can see that the applicant has more options for their date of entitlement since they established a protective writing and protected their month of entitlement options. Had they not contacted SSA to establish an early protective filing and waited until they stopped working to begin their application, they would have lost the May and June benefit options. Those are additional months of benefits they could have received for spending or investing as they please.
Protective filing is material to people over full retirement age as well. Applicants over full retirement age are eligible for 6 months retroactivity, back to obtainment of full retirement age based on their protective filing date.
As you can see, educating yourself about your rights with the SSA makes a difference in the amount of benefits paid to you.
Maryellen Eckert EDPNA