A. General

This policy applies to survivors of the Holocaust. However, not everyone who was caught up in the events preceding and during World War II qualifies to use these procedures. Only those who meet the definition below may have their DB established under the special procedures.

B. Definition

For purposes of this policy, individuals who meet the following requirements qualify as survivors for whom the special rules of evidence apply.

C. Example 1

The claimant alleged a DB of 8/14/12. All documentary evidence indicated a DB of 7/5/21.

The claimant stated that she was born in Poland and that no public or religious record of birth exists for her. Because she was a Jehovah's Witness, the Nazis incarcerated her in 1942. She gave the Nazis the later DB so that she would be sent to a work camp, rather than a concentration camp where she would have faced certain death.

She maintained this DB on all legal documents after the war because she was afraid that any change would jeopardize her chances for emigration to the United States, or would later lead to her deportation. She submitted acceptable evidence of survivor status with her claim.

Since the claimant was a member of a group persecuted by the Nazis, had changed her DB to avoid confinement and probable death in a Nazi concentration camp, and presented acceptable evidence to establish survivor status, the special rules for establishing her DB apply.

D. Example 2

The claimant alleged a DB of 7/22/15. All available documentary evidence of age showed a DB of 7/22/20. No public or religious record of age exists.

The claimant stated that he was born in Austria, and when the Nazis came to power, he and his family were confined to a Jewish ghetto. After he understated his age by 5 years, he was sent by the Nazis to work as a farm laborer. Most of the inhabitants to the ghetto who were the “wrong” age were ultimately killed summarily by the Nazis.

Afraid that any change in his records would create legal problems for him, the claimant continuted to use this fictitous DB after the war ended. He submitted acceptable evidence os survivor status with his claim.

Since the claimant was a member of group persecuted by the Nazis, changed his DB to avoid certain death at the hands of the Naziz, and submitted acceptable evidence of survivor, status. his DB may be established under the special Holcocaust procedures.

E. Example 3

The claimant alleged being born in Poland on 6/5/09. All documentary evidence of age showed a DB of 6/5/19. No public or religious record of birth exists.

The claimant stated that he was a Jew who was imprisoned in the Soviet Union in 1940 for his political and religious activities. After being taken prisoner by Russian troops who overrun eastern Poland, he changed his DB to make himself younger so that he would be sent to a work camp rather than to a Soviet prison camp. As evidence of survivor status, he submitted a record, dated 11/45, from an Austrian displaced-person's camp.

In this case, SSA cannot use the special Holocaust procedures to establish the claimant's DB because the claimant does not qualify as a survivor for purposes of this provision. The claimant was a member of a group targeted by the Nazis for ex termination and had proof of residence in a Nazi-dominat ed country prior to 1946 (normally acceptable as evidence of survivor status) and was, in fact, incarcerated during World War II. Nevertheless, the facts show that he was not imprisoned by the Nazis and did not misstate his DB to avoid Nazi persecution, confinement in a Nazi concentration camp, or other means of death at the hands of the Nazis.

Proof of age must, therefore, be established under the usual rules.

F. Example 4

The claimant alleged a DB of 6/5/16. She submitted documentary evidence of age which indicated a 6/5/22DB. There was no public or religious reocrd of age established for her.

The claimant stated that she was Jewish, was born in Czechoslovakia, and was sent to a labor camp by the Nazis in 1943. After liberation in 1945, she resided in a displaced-per son's camp in West Germany for 2 years. While in the camp, she met a man 5 years younger than she whom she later married. To disguise the fact that she was older, she changed her DB to the later date and always used the fictitious DB from that time on. She submitted a record from the displaced person's camp, dated 10/45, as evidence of survivor status.

In this case, SSA cannot use the special Holocaust procedures to establish the claimant's DB because the claimant does nopt qualify as a survivor for purposes of this provision. Although the claimant was a member of a group targeted for extermination by the Nazis, and had proof of residence in a Nazi-dominated country prior to 1946 (normally acceptable as a evidence of survivor status), she did not change her DB to postpone or escape certain death at the hands of the Nazis.

Proof of age must, therefore, be established under the usual rules.