A protective filing is the term used for the first time a claimant contacts the Social Security Administration office to file a claim for disability or retirement. Individuals are encouraged to use protective filing dates because in some cases, they may be earlier than the actual signed date of an application. This can be advantageous for claims that rely on the date of application to determine the entitlement period for benefits. Claims that utilize the application date for entitlements are typically disability and retirement benefit claims.

For Social Security Disability benefits, claimants can be awarded up to twelve months of retroactive benefits based on the protective filing date. However, this is only true as long as you file your claim within seventeen months of the onset of your disability. If the seventeen-month deadline is approaching and you still have not filed, it may be worthwhile to consider a protective filing date. To do this, you must contact the Social Security Administration and set up an appointment to start the claims process for your benefits. After you have set the appointment, the SSA will follow up with a confirmation letter. This letter serves as proof of your effective filing date.

If you fail to retain this proof, your protective filing date will be nullified. A claimant’s lawyer may also initiate the protective filing date if it is unlikely that the claimant will be able to file within the seventeen-month deadline.

Durational denials are part of the denial process administered by the Social Security Administration. An individual may get a notice of durational denial when a disability examiner finds that a claimant’s medical condition has not lasted or is not expected to last for at least twelve months. Even if you are working, if your ability to work falls below federally-determined substantial gainful activity levels, you can apply for disability benefits. However, you must show that your substantial gainful activity levels have met federal requirements for at least twelve months or are projected to do so.

The twelve-month time frame is the key factor that the Social Security Administration uses in its definition of disability. Disability projections are another determining factor in how benefits are approved or denied. Unfortunately, projections can be based on the subjectivity of the disability examiner evaluating the claim.

Durational denials are one of the more common types of denials involved in a Social Security Disability claim. If you have received a durational denial, you will have to go before the Office of Hearings and Appeals to present your case and to contest the durational projection. Durational denials have become a highly controversial aspect of the Social Security Disability claims process because of the frequency at which they occur. Thus, those who are going through this process are encouraged to present as much documentation as possible when filing their claims.

The Disability Determination Services (DDS) handles disability claims for benefits paid through the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. When you file for disability benefits, you will be evaluated by a DDS examiner to determine whether your disability falls within coverage requirements. DDS makes its determination based on the following criteria: medical evidence, psychological evidence, vocational criteria, consultative evaluation and continuing disability review.

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• Administrative Law Judge (ALJ)

We have received your request for a free case evaluation. Your information has been sent to a qualified disability attorney or advocate, who will be in contact with you shortly to evaluate your case for free.

We have received your claim and will be in contact with you shortly.

If you have questions regarding your claim, or would like to be informed of your rights please fill out our free evaluation form.

Once we receive your information, a qualified Social Security disability attorney or advocate will personally evaluate your case, and contact you to further discuss your situation.

There is no cost or obligation for this service.