§ 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 and 217.16, 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 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 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.
( 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 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 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 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.
( 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 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 of the part.
[47 FR 7647, Feb. 22, 1982, as amended at 54 FR 13364, Apr. 3, 1989]