When Applications and Forms are Considered Filed with the Social Security Administration, § 404.614

The process of applying for benefits from the Social Security Administration (SSA) can be complex, especially when it comes to understanding the rules regarding when an application or form is considered filed.

This blog post aims to provide a clear explanation of the relevant regulations and filing dates, making it easier for applicants to navigate the system.

Section 1: General Rule for Filing Applications and Forms: According to § 404.614 (a), the general rule for filing applications, written statements, requests, or notices is that they are considered filed on the day they are received by an SSA employee at one of their offices or by an authorized SSA employee at a location other than one of their offices. However, there are exceptions to this rule, which are outlined in paragraph (b) and in §§ 404.630 through 404.633.

Section 2: Exceptions to the General Rule: The exceptions to the general rule are provided in § 404.614 (b) and include:

1. The date an application or written statement is received by any office of the U.S. Foreign Service or by the Veterans Administration Regional Office in the Philippines.
2. The date an application or written statement is mailed to the SSA via U.S. mail, in cases where using the date of receipt would result in the loss or lessening of rights. In this scenario, the date shown by a U.S. postmark is used as the filing date. If the postmark is unreadable or absent, the SSA will consider other evidence of the mailing date.
3. The date an application is filed with the Railroad Retirement Board or the Veterans Administration. For more information on when an application filed with these organizations is considered an application for social security benefits, refer to § 404.611 (b) and (c).

Example: John’s Social Security Benefits Application

John is preparing to apply for Social Security benefits. He completes the application form and gathers all the required supporting documents. As he lives in the United States, he has two options to file his application:

Option 1: John visits his local SSA office John decides to personally submit his application at his local Social Security office. He goes to the office on May 10th and hands his application form and documents to an SSA employee. In this case, his application is considered filed on May 10th, the day it was received by the SSA employee at the office.

Option 2: John mails his application via U.S. mail Alternatively, John could choose to mail his application to the SSA. He puts his completed application form and supporting documents in an envelope and mails it on May 9th. The envelope has a clear U.S. postmark with the date of May 9th. In this scenario, his application would be considered filed on May 9th, the date shown by the U.S. postmark.

Both of these examples fall under the general rule of § 404.614 (a), which states that an application is filed on the day it is received by an SSA employee, either at one of their offices or by an authorized employee at a place other than one of their offices. If John had chosen to submit his application through one of the exceptions listed in § 404.614 (b), different filing dates might apply.

Conclusion: Navigating the rules and regulations of filing applications and forms with the Social Security Administration can be challenging. Understanding the general rule and the exceptions for when an application or form is considered filed can help applicants protect their rights and ensure they receive the benefits they are entitled to. By following the guidelines in § 404.614, applicants can have a smoother experience when interacting with the SSA.

https://www.ssa.gov/OP_Home/cfr20/404/404-0614.htm