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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 21833
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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Social security protective filing. I became disabled in

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social security protective filing. I became disabled in October of 2018. What is the latest I need to submit PROTECTIVE Social Security disability claim so I will not lose any lump sum SSDI benefit paid to me retroactively if my disability is approved? How long after submitting the protective disability claim do I need to submit REAL disability claim with Social Security -- so I will not lose any lump sum benefits.

The "alleged onset date" or AOD determines when you were first eligible for disability benefits and how far back your backpay you can get.
The AOD is the date that you claim ("allege") on your Social Security disability application, that your disability started.
Your benefits may start from sixth month after the AOD - assuming the SSA agrees with your claim -
but not more than 12 months in the past from your application date.
Just illustration example
Assuming you file application today - but claim that disability started from Oct, 15 2018 - that is your AOD.
If approved - your disability benefits would be start from Aug 2018 - no benefits for the first 5 months.
But because Mar 1, 2019 is more than 12 months before your application date - your disability benefits would start from Mar, 2019.
Assuming eventually the claim will be approved.
Let me know if that help.

Customer: replied 15 days ago.
You missed my point. I am talking about Protective filing.
Customer: replied 15 days ago.
You may want to opt out.

That makes no difference as the protective filing date establishes the time when you make a written statement of your intent to file ...

That date works the same as your filing date.

Customer: replied 15 days ago.
You missed the second part of my question

Hi. My name's Lane. Your previous expert has opted out.

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I hold a Law Degree, a BBA, an MBA (Finance Specialization), and & CFP and CRPS designations as well,

I've been providing tax, corporate law & accounting, financial, and Social Security advice to clients on three continents since 1986.

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Please bear with me a moment while I read whats transpired here and write up my answer

OK ... Form what you've said here you are laboring under a misconception, a flawed assumption.

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The term "Protective Disability Claim" is a marketing term.

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A phrase we see some DI attorneys using to sell that they have some special strategy.

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"Protective Disability claim" is NOT something that SSA recognizes or that has a separate date or format from the only kind of disability claim that does exist ..... a disability claim.

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This phrase simply indicates that you are filing A DISABILITY CLAIM at the same time as an early retirement claim .. in the hope that you will (having the monthly income from the early retirement claim - as early s age 62 - while waiting for the typical to to three years that a disability claim can take) finally get the lump sum that always comes with a disability claim ... because of the time taken to get a claim approved today.

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There is NO separate claim referred to as a "protective disability claim," OTHER than in the jargon used by some to sell the idea of what SSA calls a concurrent claim (filing for early retirement and Disability at the same time.)

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What's MOST important to understand about concurrent claims is the following:

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  • that if the disability claim is never awarded, you are stick with the forever limited retirement benefit, because of the fact that you filed for retirement benefits early (something that these attorneys selling this strategy many times do NOT explain well enough)

You can read more about this here:

https://www.disabilitybenefitscenter.org/blog/social-security-disability-vs-retirement

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Please let me know if you have any questions at all, on this.

 

If not, I'd appreciate a positive rating.

 

(I hope you'll rate me based on the accuracy and thoroughness of my answer, rather than any good news/bad news content.)

 

Otherwise I won't be compensated for my time here.

 

Thanks so much,

Lane

Customer: replied 14 days ago.
it is real -- pls see
https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204010
for protective SSDI filing

also per https://www.disabilitysecrets.com/resources/disability/what-is-a-protective-filing-date.htm
it appears that you can get up to 6 months extension -- see the last example.

No that just means that you can establish intent without using a form form.

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Protective filing in all areas < you can do the same with tax, just means filing in case.

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Another way of saying it is that this is an indication of intent to file.

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Said differently, you can apply without using a specific form

It's not an extension, it just means that it's potentially an earlier start date. The 6 months piece is that the real application must be received within six months

Said yetranother way, it means that the retroactive date is just back to that earlier expressions on intent.

It becomes important when you're disabled but for some reason not able to do or complete the formal filing. That's all... protects an earlier date for you.

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Its NOT an extension... in reality is just means that an indication of intent will be the same as a filing, in terms of the disability start date

Customer: replied 14 days ago.
Ok. So in my case if I do protective filing now and then follow up in September of this year (6 months later) with real application then my lump sum retroactive payment will be for 6 months more as compared if I do not do protective filing. Of course assuming that I am approved for disability.

That's exactly right. Must be done for real within six months. (Title II, old age and SSDI) ... For SSI (Title XVI )it's 60 days

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Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 21833
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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