Is This Accurate?

      I received this message from a reader.

In case you and NOSSCR are not aware of it, in the last few days SSA has reversed a long standing policy that will potentially have major implications and may introduce legal liability to 3rd party representatives. On claims, SSA will no longer recognize a protective filing for a spouse or children listed on a claim unless the NH puts a statement in the remarks of the application expressing an intent to file on behalf of the spouse/children. I haven't seen this POMS, and I don't know if it is being implemented retroactively or prospectively going forward. Legal reps might have liability if they list the spouse/kids but fail to add the intent to file language to the application remarks. This is obviously a thinly veiled attempt to deny a protective filing to spouses/children of people filing claims. The office I retired from told me they are planning a training session on it very soon.

POMS GN 00204.010 contains the new policy. It has apparently been in place since 04/27/2026. The prior policy applies up to 04/26/2026.

     The claims forms ask for a list of children and a spouse. I don’t know how you could not interpret that as an intention to file a claim for them. 

     There have been problems in the pst when a claimant fails to list all the children, usually for malicious reasons relating to a divorce, but sometimes because the child was born after the claim was filed. That problem is probably a direct result of the statute and regulations rather than anything intended to be harsh.

     If we’re talking about harsh and malicious, what the reader is talking about would definitely be a serious gotcha that I would call harsh and malicious. I have a hard time believing this could happen but it’s hard to put anything past this Administration. I think they could not prevail in Court on this.