How The Protective Filing Date Works
You may be eligible for Social Security Disability Insurance (SSDI) if you worked for an employer who paid taxes to the Social Security Administration (SSA). Your taxes serve as a premium for an insurance program that then pays benefits if you become disabled. Before you have been approved of your SSDI benefits, you will likely have stopped working due to your disability. This is where the protective filing date comes into play.
The Date Last Insured
The last date on which you were working and your employer was paying the SSDI premium is the "date last insured." For this reason, the protective filing date is important. This is the date when you made a statement regarding your intent to file an SSDI claim. Even if you have partially filled an application out for SSDI, this can count as an example of the intent to file for SSDI. Then, you'll be eligible for SSDI benefits even if you are past the date last insured.
Because of the protective filing date, you can receive up to a year of benefits. You will still need to wait for your benefits because the SSA will need to determine that you are disabled and you will also need to be disabled for a specific period of time.
Legal Representation from a Social Security Attorney
You should consider seeking legal representation from a Social Security attorney to make sure that you file your Social Security application properly. There are several ways you can take advantage of your protective filing date such as sending a written notification. However, you will want to make sure that each step you take in the process will increase your odds that you will receive the benefits you deserve.
For example, you will want to see relevant medical professionals to make sure that you are doing everything you can to recover and return to work. Visiting the doctor can help ensure that you gather the evidence you need to prove your case and will also allow you to avoid having your case dismissed for failing to follow your doctor's orders.
A Social Security attorney will also help you present your evidence in a way that will increase the odds that you will have your claim approved. Even if your claim is denied, an attorney will help you through the process of having the denial appealed so you may receive your benefits. Contact a Social Security attorney for more information.