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Natasha Petrova

Can SS survivor benefits be backdated to missed phone appointments from August/September?

I'm so stressed about my survivor benefits application timeline! I had a phone appointment with SSA back in August, but we couldn't complete the application due to time constraints. Then in September, I had another appointment but never received the call (possibly phone issues on my end). Now I finally have another phone appointment scheduled for tomorrow. My big question is: Can I request that my survivor benefits start date be based on that first incomplete August appointment? Or even the September one where I missed the call? I really need these benefits and every month makes a huge difference financially. I just don't want to say the wrong thing tomorrow and lose out on potential backdated payments I might be entitled to. Has anyone dealt with this kind of situation before?

Yes, you absolutely can and should request this! SSA has a rule called "protective filing date" that can apply in your situation. When you scheduled that first appointment in August, that established your intent to file. Explain this timeline clearly to the representative tomorrow and specifically ask them to use your August date as your protective filing date for your survivor benefits. Be prepared with the exact dates of your previous appointments. They should have records in their system, but it helps if you can reference them specifically. The representative can look up the appointment history to verify.

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Thank you SO much for this info! I had no idea about the "protective filing date" thing. This gives me hope! I'll definitely mention this tomorrow and I have all my appointment confirmation emails saved. Do you think I should mention this right at the beginning of the call?

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Emma Davis

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Was the August appt scheduled online or by phone??? If u dont have PROOF they might deny u. My cousin tried to claim an earlier date and SSA told her NO WAY without documentation. Did u get any emails or confirmations of the August appt???? PRINT THEM OUT NOW!!!! SSA loves to deny benefits and save money so u need to FIGHT for your rights!!!! Good luck!!!!!

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I scheduled both appointments through the 800 number and I do have confirmation emails for both! I just printed them out - thank you for that tip. I was worried they might try to deny my request.

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GalaxyGlider

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In my experience, the key is talking to the right person. When I applied for my husband's survivor benefits last year, I had a similar situation with a missed appointment. First person I talked to said no way, second person looked at the records and fixed everything. Just explain calmly and clearly what happened with both appointments.

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This is really important advice. SSA representatives often interpret rules differently. If the first person says no, politely ask to speak with a supervisor or call back another day. Persistence is important when dealing with SSA bureaucracy. Under their rules, the protective filing date can be established when you first contact them to schedule an appointment for applying for benefits. Just make sure to explain the circumstances of both missed appointments.

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i think the technical term is protective filing date like someone else said. my neighbor works for ssa and says they can go back to your first contact usually but you gotta specifically ask for it. good luck!

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To clarify some information here: The SSA can establish a protective filing date when you first take a positive action that shows your intent to file for benefits. In your case, scheduling that August appointment would likely qualify. However, for survivor benefits specifically, they can only be paid for a maximum of 6 months retroactively from your application filing date, regardless of when you first contacted them. So while establishing the August date as your protective filing date is important, understand there is still a 6-month maximum retroactivity limit for survivor benefits. When speaking with the representative tomorrow: 1. Clearly explain your appointment history 2. Specifically request the August date as your protective filing date 3. Provide any documentation you have of those appointments 4. Take notes during the call including the representative's name

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Thank you for this detailed explanation! I didn't know about the 6-month retroactive limit for survivor benefits. My husband passed away last year, so I'm well within that timeframe anyway. I'll definitely write down the rep's name tomorrow - that's a smart idea.

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You're welcome. One more thing - make sure to clearly explain why each appointment didn't result in a completed application. For the August one, mention it was due to time constraints on their end. For September, explain the phone issues. This helps establish that the delays weren't due to you changing your mind about applying, but rather circumstances beyond your control.

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GalaxyGlider

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My sister told me I need to talk to someone about SS and said I need to get certified copies of my husband's death certificate. Should I bring it to this phone appt?

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For a phone appointment, you won't need to physically provide documents during the call. The representative will tell you what documents they need, and you'll likely need to mail certified copies later or bring them to a local office. But it's good you're prepared with the death certificate - that will definitely be required for survivor benefits.

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GalaxyGlider

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Thank you! I'm not very good with this stuff and get confused.

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good luck tomorrow hope it works out for you! when my mom died i had to deal with all this and it was such a mess, took months to get everything sorted

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Emma Davis

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DONT FORGET to ask about the lump sum death payment too!!! Its only $255 but its something extra!!!! A lot of people dont know about this and SSA wont tell u!!!!

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Oh! I hadn't even thought about that. Thank you for mentioning it! I'll add it to my list of questions for tomorrow.

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After your call tomorrow, if they don't agree to use your August date, you can request a formal determination in writing and then appeal if necessary. SSA has an established appeals process. But hopefully they'll handle it correctly tomorrow if you clearly explain the situation. Also, make sure you're prepared to provide all the necessary information for your application: your spouse's death certificate, marriage certificate, both your Social Security numbers, and your direct deposit information. Having this ready will help ensure the application gets completed this time.

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I've gathered all those documents and made copies. If they don't agree to the August date, I'll definitely request the formal determination in writing. Thank you for explaining that there's an appeals process - that makes me feel better knowing I have options.

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