---
kind: "section"
citation: "20 C.F.R. § 217.20"
title: "20"
number: "217.20"
heading: "When a written statement is used to establish the filing date."
url: "https://uscodex.org/cfr/20/217.20"
---

# §217.20. When a written statement is used to establish the filing date.

- (a) **Statement filed with the Board.** A written statement indicating an intent to file a claim for an annuity or lump sum, filed with the Board as provided in §§ [217.15](/cfr/20/217.15.md) and [217.16](/cfr/20/217.16.md), can establish the filing date of an application. A form set up by the Board to obtain information about persons who may be eligible for an annuity or lump sum in a particular case is not by itself considered a written statement for the purpose of this section. The Board will use the filing date of the written statement if all of the following requirements are met:
  - (1) The statement gives a person's clear and positive intent to claim an annuity or lump sum for himself or herself or for some other person.
  - (2) The claimant or a person described in [§ 217.17](/cfr/20/217.17.md) signs the statement.
  - (3) The person who signed the statement files an application with the Board on one of the forms described in [part 200](/cfr/20/part200.md) of this chapter within 90 days after the date a notice is sent advising the person of the need to file an application.
  - (4) The claimant is alive when the application is filed except as provided in [§ 217.10](/cfr/20/217.10.md).
- (b) **Statement filed with the Social Security Administration.** A written statement filed with the Social Security Administration can be used to establish the filing date of an application if, assuming the statement were an application, the conditions under [§ 217.7](/cfr/20/217.7.md) are met and—
  - (1) The statement gives a clear and positive intent to claim benefits under title II of the Social Security Act;
  - (2) The claimant or a person described in [§ 217.17](/cfr/20/217.17.md) signs the statement;
  - (3) The statement is sent to the Board by the Social Security Administration;
  - (4) The person who signed the statement files an application with the Board on one of the forms described in [part 200](/cfr/20/part200.md) of this chapter within 90 days after the date a notice is sent advising the person of the need to file an application; and
  - (5) The claimant is alive when the application is filed except as provided in [§ 217.10](/cfr/20/217.10.md).
- (c) **Telephone contact with the Board.** If an individual telephones a Board office and advises a Board employee that he or she intends to file an application but cannot do so before the end of the month, the Board employee will prepare and sign a written statement which may be used to establish the filing date of an application if all of the following requirements are met:
  - (1) The inquirer expresses a clear and positive intent to claim benefits for himself or herself or for some other person;
  - (2) The prescribed application cannot be filed by the end of the current month;
  - (3) The inquirer is either the potential claimant or the person who will file an application as representative payee therefor;
  - (4) The inquiry is received by an office of the Board no more than 3 months before eligibility exists;
  - (5) It appears that a loss of benefits might otherwise result;
  - (6) The telephone inquirer files an application with the Board on one of the forms described in [part 200](/cfr/20/part200.md) of this chapter within 90 days after the date a notice is sent advising the person of the need to file an application; and
  - (7) The claimant is alive when the application is filed, except as provided in [§ 217.10](/cfr/20/217.10.md) of the part.

## Notes

### Amendments

[47 FR 7647, Feb. 22, 1982, as amended at 54 FR 13364, Apr. 3, 1989]

### Authority

Authority: 45 U.S.C. 231d and 45 U.S.C. 231f.

### Source

Source: 47 FR 7647, Feb. 22, 1982, unless otherwise noted.

### Amendments

[47 FR 7647, Feb. 22, 1982, as amended at 54 FR 13364, Apr. 3, 1989]