Navigating the process of filing a social security application can be confusing, especially when it comes to understanding who is allowed to sign the application.
In this blog post, we will break down the rules outlined in § 404.612, which determine who is eligible to sign an application for social security benefits.
- Adults and Child’s Benefits Claimants:
According to § 404.612(a), if the claimant is 18 years old or older, mentally competent, and physically able, they must sign their own application. However, if the claim is for child’s benefits and the claimant is under 22 years old, a parent or someone standing in place of the parent may sign the application.
- Claimants Aged 16-18:
Per § 404.612(b), if the claimant is between 16 and 18 years old, they can sign their own application if they are mentally competent, do not have a court-appointed representative, and are not under the care of another person.
- Minors and Incompetent or Physically Incapacitated Claimants:
According to § 404.612(c), if the claimant is under 18 years old, mentally incompetent, or physically unable to sign, the application may be signed by a court-appointed representative or a person responsible for the claimant’s care, including a relative. If the claimant is in the care of an institution, the institution’s manager or principal officer may sign the application.
- Deceased Claimants:
As outlined in § 404.612(d), if a person who could receive disability benefits or have a period of disability established dies before filing, an application for disability benefits or a period of disability may be signed by someone who would be qualified to receive any benefits due to the deceased.
- Written Statement Filed Prior to Death:
Per § 404.612(e), if a written statement expressing intent to claim benefits is filed but the claimant dies before filing an application, the application may be filed according to § 404.630(d).
- “Deemed” Filing Date and Deceased Claimants:
According to § 404.612(f), if a person who could receive benefits based on a “deemed” filing date under § 404.633 (b)(1)(i) or (b)(2)(i) dies before filing an application, the application may be signed by someone who would be qualified to receive any benefits due to the deceased, as explained in § 404.633 (b)(1)(ii) and (b)(2)(ii).
- Protecting Claimants from Losing Benefits:
Per § 404.612(g), if it is necessary to protect a claimant from losing benefits and there is good cause for the claimant not signing the application, the application may be accepted if signed by someone other than a person described in this section.
Example: 1Mr. Smith visits a social security office to file an application for old-age benefits on behalf of his neighbor, Mr. Jones, who recently suffered a heart attack and is in the hospital. Since it would not be possible for Mr. Jones to sign and file the application until the next calendar month, resulting in a loss of one month’s benefits, the application signed by Mr. Smith would be accepted.
Conclusion: Understanding who is eligible to sign a social security application is crucial to ensuring the proper filing and receipt of benefits. By following the guidelines outlined in § 404.612, you can be confident that your application is signed and submitted by the appropriate party.
https://www.ssa.gov/OP_Home/cfr20/404/404-0612.htm
At Hugo Fierro & Michael Perez, we are a team of highly committed professionals possessing a comprehensive understanding of the intricate nuances associated with Social Security disability claims. We take immense pride in utilizing our extensive expertise to provide bespoke guidance and support to our clients. Our proficient team excels in navigating the complexities of every case, ensuring that our clients receive invaluable insights and tailored assistance to meet their unique needs.