# SSR 69-19: SSR 69-19: SECTION 202(j). -- APPLICATIONS -- CHANGE OF ELECTION AS TO INITIAL MONTH OF ENTITLEMENT

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_19

## Section

- **Citation:** SSR 69-19
- **Heading:** SSR 69-19: SECTION 202(j). -- APPLICATIONS -- CHANGE OF ELECTION AS TO INITIAL MONTH OF ENTITLEMENT
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Application for Monthly Insurance Benefits / SSR 69-19

## Text

This Ruling Modifies SSR 64-1, C.B. 1964, p.20

SSR 69-19

M, a fully insured worker, attained age 65 and filed application for
old-age insurance benefits in February 1963. An application for old-age
insurance benefits may be effective for payment of benefits up to 12
months prior to the month in which the individual files application if
that individual meets all other requirements for entitlement. When he
filed the old-age insurance benefit application, M was receiving a private
pension check which he believed would be reduced if he elected to receive
old-age insurance benefits before age 65. For this reason M elected to
have his benefits begin with February 1963 when he reached age 65, waiving
the right to any benefits in the retroactive period. A determination of
entitlement was made effective February 1963.

In November 1963, M learned that the amount of his private pension check
would not be affected by the old-age insurance benefit. This meant that he
could have elected a reduced old-age insurance benefit effective with
February 1962 and there would have been no change in the amount of the
private pension. Since the election he made in February 1963 was to his
disadvantage, M wanted to correct it.

In order to correct the original election of benefits, M could withdraw
the February 1963 application and refile. This would cancel the original
application, but a new application filed in November 1963 would have a
retroactive life of only 12 months, to November 1962. Such withdrawal and
refiling is the usual way to correct an election of initial month of
entitlement to benefits. M contended, however, that he should be permitted
to withdraw or change only the election of the first month for which he
had requested benefits on the February 1963 application and to elect to
receive benefits effective with February 1962. (That is, M wanted an
additional 9 months of benefits, from February 1962 to February 1963
rather than November 1962 to February 1963.)
to benefits. M contended, however, that he should be permitted
to withdraw or change only the election of the first month for which he
had requested benefits on the February 1963 application and to elect to
receive benefits effective with February 1962. (That is, M wanted an
additional 9 months of benefits, from February 1962 to February 1963
rather than November 1962 to February 1963.)

The question raised is whether a claimant who has made a disadvantageous
election of the initial month of entitlement may later modify that
election after a determination of entitlement has been made on his
application, and if so, to what extent his modified election may be
effective retroactively.

Section 202(j)(1) of the Social Security Act provides, in pertinent part,
that:

Section 202(j)(3) of the Social Security Act provides in pertinent part
that:

The law thus permits an individual "at his option" to elect any month,
within the 12-month retroactive period of his application, as the initial
month of his benefit entitlement, is all other requirements are met.
Nothing in section 202(j)(3) requires that the exercise of this option be
irrevocable. Whenever the Congress clearly has intended that an
individual's exercise of an option be irrevocable, it clearly has
expressed such intent. For example, section 217(f)(1) of the Act provides
that unless a veteran's widow or surviving child waives the right to
receive any civil service annuity which had included military service of
the veteran which could also be credited for a social security benefit, he
or she could not be entitled to a social security benefit based on such
service. This section of the law specifically states that "[a]ny such
waiver shall be irrevocable."
that unless a veteran's widow or surviving child waives the right to
receive any civil service annuity which had included military service of
the veteran which could also be credited for a social security benefit, he
or she could not be entitled to a social security benefit based on such
service. This section of the law specifically states that "[a]ny such
waiver shall be irrevocable."

Section 202(j)(3), on the other hand, does not state that the exercise of
the option as to waiver of retroactive entitlement is irrevocable. The
individual may modify his election as long as the month he subsequently
selects is within the 12-mont retroactive period of his application. Thus,
an election may be modified and a new month selected which is more than 12
months earlier than the month in which the modification is made. The
provision in section 202(j)(1) of the Act governs only the filing of the
application. It does not govern the time within which an election may be
modified nor the retroactive effectiveness of such modified election. If
the filing requirement is met with respect to a particular month, i.e., if
a particular month is within the effective retroactive life of an
application, the provision in section 202(j)(1) would not preclude the
claimant from later changing his election to receive or to waive benefits
for a particular month.

An individual may change his first month of entitlement on a
previously-filed application for benefits to some other month within the
12-month retroactive life of the original application, provided that (1)
the claimant (or a proper party on his behalf) files with the
Administration a written request to change his first month of entitlement;
and (2) he is alive when the request is filed; further, where the request
for modification or change is filed after the date on which the
Administration has made a determination on his application, any other
person whose entitlement to benefits would be adversely affected by the
change in mo
half) files with the
Administration a written request to change his first month of entitlement;
and (2) he is alive when the request is filed; further, where the request
for modification or change is filed after the date on which the
Administration has made a determination on his application, any other
person whose entitlement to benefits would be adversely affected by the
change in month of entitlement, consents in writing to the modification;
and any benefits which would be in error because of the change are
refunded, or it is established to the satisfaction of the Administration
that repayment of such benefits is assured.

Accordingly, it is held that after a determination of entitlement has
been made on his application for benefits, a claimant who meets the
foregoing conditions may modify his election of the initial month of his
entitlement so long as the month he later elects is within the 12-month
retroactive period of his application. M, therefore, upon meeting the
foregoing conditions, may change his initial month of entitlement to
benefits from February 1963 to February 1962.

## Nearby sections

- [SSR 62-46 SSR 62-46. VALIDITY OF APPLICATION -- SELECTION OF PERSON TO RECEIVE PAYMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_46.md)
- [SSR 63-4 SSR 63-4: SECTIONS 202(J)(1) AND 203(a). -- BENEFIT AMOUNTS -- REDUCTION FOR MAXIMUM -- ADJUSTMENT REQUIRED FOR RETROACTIVE MONTHS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_4.md)
- [SSR 63-37c SSR 63-37c: SECTION 202(d)(1). -- APPLICATION -- WRITTEN EXPRESSION OF INTENT TO FILE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_37c.md)
- [SSR 66-26 SSR 66-26: SECTIONS 202(a) AND 202(J)(2). -- APPLICATION FOR BENEFITS -- PROSPECTIVE EFFECTIVENESS TO ESTABLISH ENTITLEMENT AFTER REOPENING OF INITIAL DETERMINATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_26.md)
- [SSR 69-19 SSR 69-19: SECTION 202(j). -- APPLICATIONS -- CHANGE OF ELECTION AS TO INITIAL MONTH OF ENTITLEMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_19.md)
- [SSR 76-30 SSR 76-30: Rescinded 1991](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_76_30.md)
- [SSR 86-17a SSR 86-17a: SECTION 202(j) OF THE SOCIAL SECURITY ACT (42 U.S.C. 402(j)) OLD-AGE INSURANCE BENEFITS -- RESTRICTIONS ON THE RETROACTIVITY OF AN APPLICATION -- REDUCED BENEFITS INVOLVED](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_86_17a.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_19. Check the current official text before relying on it. Not legal advice.