We will use the date of an oral inquiry about SVB as the filing date of your application for SVB if the following requirements are met:
(a) The inquiry asks about your entitlement to SVB.
(b) The inquiry is made by you, your spouse, or a person who may sign an application on your behalf as described in Sec. 408.315.
(c) The inquiry, whether in person or by telephone, is directed to an office or an official described in Sec. 408.325(a).
(d) You, or a person on your behalf as described in Sec. 408.315, file an application on a prescribed form within 60 days after the date of the notice we will send telling of the need to file an application. The notice will say that we will make an initial determination on whether you qualify for SVB if an application form is filed within 60 days after the date of the notice. However, if it is clear from the information we receive that you are mentally incompetent, we will send the notice to the person who made the inquiry.
(e) You are alive when the prescribed application is filed.
Deemed Filing Date Based on Misinformation