Effective Filing Period of Social Security Benefit Applications, § 404.620

Social Security application form with a pen and calculator

Navigating the process of applying for Social Security benefits can be complicated, especially when it comes to understanding the effective filing period of an application.

In this blog post, we will break down the rules and guidelines outlined in § 404.620 of the Social Security Administration’s regulations, and help you better comprehend the importance of filing at the right time to maximize your benefits.

Section § 404.620 deals with the scenario of filing an application for benefits before meeting all the requirements for entitlement. Here’s what you need to know:

(a) General Rule:

  • If you file an application before meeting all the requirements, the application will remain in effect until a final determination is made by the Social Security Administration (SSA).
  • If an administrative law judge hearing decision is involved, your application will stay in effect until that decision is issued.

There are two possible outcomes in this situation:

  1. If you meet all the requirements for entitlement while your application is in effect:
  • The SSA may pay you benefits from the first month that you meet all the requirements.
  1. If you first meet all the requirements for entitlement after the period for which your application was in effect:
  • You must file a new application for benefits.
  • The SSA may pay you benefits only from the first month that you meet all the requirements based on the new application.

Example: John’s Journey to Social Security Benefits

John, who turns 62 in August 2023, decides to file for his Social Security retirement benefits early, despite not meeting all the requirements yet. He submits his application in May 2023.

According to § 404.620:

(a) General Rule: John’s application will remain in effect until the Social Security Administration (SSA) makes a final determination or until an administrative law judge hearing decision is issued, if applicable.

There are two possible outcomes for John’s situation:

  1. If John meets all the requirements for entitlement while his application is in effect:

Let’s say John fulfills all the necessary requirements in July 2023, a month before his 62nd birthday. In this case, the SSA may pay him benefits from the first month he meets all the requirements, which is July 2023.

  1. If John first meets all the requirements for entitlement after the period for which his application was in effect:

Suppose John doesn’t meet all the requirements until September 2023, after the effective period of his initial application. In this case, John must file a new application for benefits. The SSA may pay him benefits only from the first month that he meets all the requirements based on the new application, which is September 2023.

By understanding § 404.620 and the effective filing period of Social Security benefits applications, John can make informed decisions about when to file and ensure he receives the benefits he’s entitled to.

Conclusion: Understanding the effective filing period of a Social Security benefits application is crucial to ensure that you receive the maximum amount of benefits you are entitled to. It’s essential to be aware of the specific requirements and timelines when applying, as well as the possible outcomes depending on when you meet all the necessary criteria. By familiarizing yourself with § 404.620, you can be better prepared and make more informed decisions regarding your Social Security benefits application.

https://www.ssa.gov/OP_Home/cfr20/404/404-0620.htm

At Hugo Fierro & Michael Perez, we are a committed group of experts with a comprehensive comprehension of the intricacies inherent in Social Security disability claims. We are proud to utilize our expertise in providing individualized guidance and support to our clients. Our proficient team possesses the skills necessary to navigate the nuanced particulars of each case, guaranteeing that you receive invaluable insights and personalized assistance tailored to meet your specific needs.

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