[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR408.340]

[Page 592]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 408_SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS--Table of 
Contents
 
                      Subpart C_Filing Applications
 
Sec. 408.340  When will we use a written statement as your filing date?

    If you file with us under the rules stated in Sec. 408.325 a 
written statement, such as a letter, indicating your intent to claim 
SVB, we will use the filing date of the written statement as the filing 
date of your application. If the written statement is mailed, we will 
use the date the statement was mailed to us as shown by the United 
States postmark. If the postmark is unreadable or there is no United 
States postmark, we will use the date the statement is signed (if dated) 
or 5 days before the day we receive the written statement, whichever 
date is later, as the filing date. In order for us to use your written 
statement to protect your filing date, the following requirements must 
be met:
    (a) The statement indicates your intent to file for benefits.
    (b) The statement is signed by you, your spouse, or a person 
described in Sec. 408.315.
    (c) You file an application with us on an application form as 
described in Sec. 408.310(a), or one is filed for you by a person 
described in Sec. 408.315, within 60 days after the date of a notice we 
will send advising of the need to file an application. The notice will 
say that we will make an initial determination of your qualification if 
an application form is filed within 60 days after the date of the 
notice. We will send the notice to you. However, if it is clear from the 
information we receive that you are mentally incompetent, we will send 
the notice to the person who submitted the written statement.
    (d) You are alive when the application is filed.