Protective Filing Period Shortened
January 1, 2009
Author: Catherine M. Callery (Kate)| Louise M. Tarantino
Ann Biddle, Esq., Paul M. Ryther, Esq.
In a December 17, 2008 Federal Register notice (73 Fed. Reg. 76573), SSA proposes “to revise our rules for protective filing after we receive a written statement of intent to claim Social Security benefits under title II of the Social Security Act (the Act). Specifically, we propose to revise from 6 months to 60 days the time period during which you must file an application for benefits after the date of a notice we send explaining the need to file an application. We are proposing this revision to make the time period used in the title II program consistent with the time period used in other programs we administer under the Act. We believe that eliminating the difference between the time periods in the programs we administer would make it easier for the public to understand and follow our rules.”
Comments to the proposal are due by February 17, 2009.
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