[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR416.340]

[Page 851-852]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
--Table of Contents
 
                    Subpart C_Filing of Applications
 
Sec.  416.340  Use of date of written statement as application filing 
date.

    We will use the date a written statement, such as a letter, an SSA 
questionnaire or some other writing, is received at a social security 
office, at another Federal or State office designated by us, or by a 
person we have authorized to receive applications for us as the filing 
date of an application for benefits, only if the use of that date will 
result in your eligibility for additional benefits. If the written 
statement is mailed, we will use the date the statement was mailed to us 
as shown by a United States postmark. If the postmark is unreadable or 
there is no 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 of an application for 
benefits. In order for us to use your written statement to protect your 
filing date, the following requirements must be met:
    (a) The written statement shows an intent to claim benefits for 
yourself or for another person.
    (b) You, your spouse or a person who may sign an application for you 
signs the statement.
    (c) An application form signed by you or by a person who may sign an 
application for you is filed with us within 60 days after the date of a 
notice we will send telling of the need to file an application. The 
notice will say that we will make an initial determination of 
eligibility for SSI benefits if an application form is filed within 60 
days after the date of the notice. (We will send the notice to the 
claimant, or where he or she is a minor or incompetent, to the person 
who gave us the written statement.)
    (d)(1) The claimant is alive when the application is filed on a 
prescribed form, or
    (2) If the claimant dies after the written statement is filed, the 
deceased claimant's surviving spouse or parent(s) who could be paid the 
claimant's benefits under Sec.  416.542(b), or someone on behalf of the 
surviving spouse or parent(s) files an application form. If we learn 
that the claimant has died before the notice is sent or within 60 days 
after the notice but before an application form is filed, we will send a 
notice to such a survivor. The notice will say that we will make an 
initial determination of eligibility for SSI benefits only if an 
application form is filed on behalf of the deceased within 60 days

[[Page 852]]

after the date of the notice to the survivor.

[45 FR 48120, July 18, 1980, as amended at 51 FR 13493, Apr. 21, 1986; 
58 FR 52912, Oct. 13, 1993]