§ 404.622: How to Limit Your Social Security Application Entitlement Period

Social Security benefits are an essential lifeline for many individuals.

The process of applying for these benefits can be confusing, particularly when it comes to understanding the entitlement period. In this blog post, we will break down § 404.622 and explain how you can limit your entitlement period for Social Security benefits.

Section 404.622 Explained: Under § 404.622, you may be entitled to receive benefits for up to 6 or 12 months before your application is filed, depending on the type of benefit (as explained in § 404.621). This section also allows you to limit the number of months of your entitlement within the specified period.

Here are the steps to limit your entitlement period:

1. Submit your choice in writing: Clearly state the month you wish your benefits to begin, and submit this in writing before a decision is made on your claim.
2. Change the first month of entitlement: You can change the first month of your entitlement within the specified period after a decision has been made on your claim, but certain conditions must be met:

a) Submit a written request for the change.

b) Ensure the claimant is alive at the time of the request (if you are filing on behalf of someone else).

c) Obtain written consent from any other person entitled to benefits who may lose some or all of their benefits due to the change.

d) Repay any improper benefit payments resulting from the change or provide assurance that they will be repaid.

Example Scenario: John, a 63-year-old retiree, decides to apply for Social Security retirement benefits. He knows that he is entitled to receive benefits up to 6 months before the month in which he files his application. John applies for benefits in June, meaning he can potentially receive benefits backdated to December of the previous year.

However, John has a part-time job that provided him with a substantial income from January to March. He’s worried that claiming benefits for those months will result in a reduction of his overall Social Security benefits due to the earnings test. After researching and learning about § 404.622, John decides to limit his entitlement period to only cover the months of April, May, and June.

Before his claim is approved, John submits a written statement to the Social Security Administration (SSA), specifying that he would like his benefits to begin in April, effectively limiting his entitlement period to three months.

Later, John receives a decision approving his claim. After some contemplation, he decides that he wants to change the start date of his benefits to March. To do this, he must follow the guidelines in § 404.622:

1. John submits a written request to the SSA, asking to change the first month of his entitlement period to March.
2. Since John is the claimant and is alive when he files the request, he meets condition (b).
3. No other person is affected by John’s change in entitlement month, so he does not need to obtain written consent, fulfilling condition (c).
4. As there are no improper benefit payments resulting from the change, John has met condition (d).

The SSA processes John’s request, and his benefits are adjusted to start in March instead of April. By following the guidelines in § 404.622, John was able to limit his entitlement period and later change the start date to better suit his financial needs.

Conclusion: Understanding your rights when applying for Social Security benefits is crucial to maximizing your entitlements. By following the guidelines outlined in § 404.622, you can make informed decisions about limiting your entitlement period and ensuring you receive the benefits you deserve. If you are unsure about your options or need assistance navigating the process, consider reaching out to a Social Security expert or legal professional for guidance.

https://www.ssa.gov/OP_Home/cfr20/404/404-0622.htm