This question deals with protective social security disability filing for SSDI. Do I understand it correctly that if i do protective filing at the end of 17 months AFTER onset of disability date -- it would allow me to have up to 6 months extension to collect the retroactive SSDI benefits. In other words if my onset of disability was on October 29, 2018 and I do protective disability filing on March 29, 2020 (17 months later) and then I follow up with "real" disability filing by September 29, 2020 and my claim is approved -- then I would be able to collect a lump sum starting from October 29, 2018 to the date of my claim approval?

Hi,

In your example you wouldn't lose any retroactive benefits if you establish a protective filing date in March 2020, but your back pay wouldn't start with your disability onset date. There is a 5 full calendar month waiting period from a person's date of onset to their initial date of entitlement to Social Security disability (SSDI) benefits, so if your onset date is October 29 2018 then your first potential month of SSDI benefit entitlement would be for the month of April 2019. No payment would be due for the 5 month waiting period (i.e. November 2018 through March 2019).

SSDI benefits can be paid retroactively for up to 12 months prior to a person's filing date for SSDI. And, if you establish a protective filing date and follow up by filing an actual application within 6 months of the protective filing date then your protective filing date would be considered as the date you applied for benefits. Therefore, if your earliest possible disability onset date is October 29 2018, you could apply or establish a protective filing date for SSDI as late as April 30 2020 without any potential loss of benefits.

A protective filing date can potentially be established either by submitting a signed statement to Social Security, making an appointment with Social Security to apply for benefits, or by initiating an online application (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204030). Regardless of which method you choose, though, you'll want to make sure that Social Security acknowledges your protective filing date by sending you a 6-month closeout letter.

Best, Jerry