It should go without saying that to be found disabled under the Social Security disability system, it is necessary to apply for Social Security disability benefits by filing a valid application for benefits. (20 CFR § 404.603 and 20 CFR § 416.305.) But what is “valid” application?
For an application for Social Security disability benefits to be “valid,” the form used must be a form which the Social Security Administration has approved. Also, the application needs to be signed by the applicant for benefits (unless an exception applies). Unless very limited exceptions apply, the person seeking benefits must be alive at the time the application is filed. The person signing the application must sign under the penalties for perjury. Finally, filing the application with the Social Security Administration is required. (20 CFR § 404.610 and 20 CFR § 416.310.)
When is a disability application considered “filed” under the program rules? The default rule is the Social Security administration considers an application for disability benefits “filed” on the earlier of either the date of receipt of the application at a location approved by the Social Security Administration (usually a Social Security office) or on the protective filing date. (20 CFRE § 404.614 and 20 CFR § 416.325.) Many applications for Social Security disability are filed on the internet using the Social Security Administration’s secure website ( www.ssa.gov.) If the application is filed using the internet, then the filing date is the date which Social Security receives the completed application. [TIP: When using the internet to complete and file an application, Social Security will produce a receipt showing the date which the application was completed and successfully filed. It is important to print and save that receipt. The receipt can establish the date of filing.]