protective filing date. For determining the receipt date, see GN 00204.007B in this section. For determining the protective filing date see GN 00204.010.
NOTE: It is not permissible to use a date other than the receipt date or protective filing date as the application filing date in either the Title II or Title XVI programs. The Modernized Claims System (MCS) allows the protective filing date to show as the date of filing on the Master Beneficiary Record (MBR) to conform to Title II regulations. The request (REQ) date for the PROTFL issue on the Development Worksheet (DW01/02) must reflect the earliest possible protective filing date. When a protective filing date does not exist, the receipt date is the application filing date.
A Title XVI protective filing date is always material to eligibility. For information on using a Title XVI protective filing date as the filing date in all cases, see SI 00601.015B. For application filing date and attainment of age 18, see SI 00601.009C.4. The protective filing date functionality already exists in the Title XVI program, except in situations where the protective filing date or receipt date is prior to the date of attainment of age 65. For examples on using the correct application filing date, see GN 00204.007G in this section.
The protective filing date is the application filing date if the protective filing closeout period has not expired. For clarity, we use the term application date for both the Title II and Title XVI programs.
For instruction on Title II filing before entitlement, see GN 00204.007D in this section.
For instructions on how to make a filing date determination, see GN 00204.007E in this section.
For instructions on when the Title XVI age 65 system exception applies (which requires entering the application receipt date into Modernized Supplemental Security Income Claims System (MSSICS) rather than the protective filing date), see GN 00204.007F in this section.
You may establish a filing date based on misinformation. For misinformation policy and procedures, see GN 00204.008.
You may establish a filing date based on the deemed filing rules. For detailed instructions on using a deemed filing date, see GN 00204.035C.4.
You must review an adjudicated application that contains an incorrect application filing date to determine if reopening is appropriate. For information on reopening a determination, see GN 04001.010.
Follow these instructions in this subsection to determine the application receipt date:
If a proper applicant files a valid application at one of the locations in GN 00204.006, the date of filing is the receipt date.
If a proper applicant signs a valid application with a “wet” signature and it is hand-carried to one of the locations in GN 00204.006, the date it is hand delivered is the receipt date.
If we receive a valid application or protective writing through the U.S. mail, the postmark date is the receipt date if use of that date is more advantageous to the claimant than the actual receipt date. If the U.S. postmark date is missing or illegible, presume a receipt date 5 days before the actual receipt date. If evidence exists indicating that the applicant mailed the application less than 5 days before it is received, presume that the individual mailed the application on the date supported by the evidence. For example, if a claimant signed an application on 03/29/16 and we received it on 04/01/16, you can use 03/29/16 as the application receipt date if it is more advantageous to the claimant.
CAUTION: Be alert to instances where the claimant's protective filing period ended before we receive a signed application. In these instances, it is important to review the evidence, including the postmark date on the envelope, to determine the most advantageous application receipt date.
EXAMPLE 1: Postmark d ate e stablishes a m ore a dvantageous f iling d ate
The claimant signs their retirement application on 11/28/15 and mails it the same day at their local U.S. post office. The field office (FO) receives the application on 12/03/15. The claimant's 6-month protective filing closeout period ended on 10/30/15. Since we received the signed application after the closeout period ended, the claims specialist (CS) reviews the application and envelope and determines that the postmark date of 11/28/15 establishes a more advantageous receipt date than the actual receipt date of 12/03/15. The CS uses the electronic evidence screen to document the 11/28/15 application receipt date and establishes 11/28/15 as the application filing date.
EXAMPLE 2: Postmark d ate d oes n ot r esult in a m ore a dvantageous f iling d ate
The claimant signs their retirement application on 09/26/15 and mails it at their local U.S. post office on the same day. The FO receives the application on 09/28/15. The claimant's 6-month protective filing closeout period ended on 08/31/15. The CS reviews the application and envelope and determines that the postmark date of 09/26/15 does not result in a more advantageous filing date than 09/28/15, the actual receipt date. The CS establishes 09/28/15 as the application filing date.
If we receive an electronically signed iClaim from a first party applicant, the application receipt date is the date the claimant submitted the iClaim, not the date we establish the application in MCS. The submission date is the complete date on the Internet Menu (IMNU). For more information about the Internet Menu, refer to MSOM INTERNETT2 001.003.
NOTE: If we receive a claimant-signed paper application summary from an Internet claim initiated by a third party, follow GN 00204.007B.3 in this section.