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GN 00302: Proof of Age

Effective Dates: 10/14/2016 - Present

TN 16 (09-93)

A. Rule

Complete the availability-of-evidence-of-age questions on the application unless:

  • The claimant has previously established his/her age for SSA purposes, or

  • The file contains preferred evidence of age.

B. Procedure

Do not ask claimants who provide a birth certificate or indicate the availability of a public birth record for a religious record of age. When the answers to the availability-of-evidence questions have been obtained, follow the chart to determine your next actions.

If the answer to the availability-of-public record question is... AND IF the availability-of-religious record questions is... THEN...

No

No

  • If the State (country) is shown as “Yes” in GN 00302.058 (GN 00307.190), include in file an explanation of the basis for the claimant's knowledge that the birth record is unavailable.

  • If the State (country) is shown as “No” in GN 00302.058 (GN 00307.190). do not include in file an explanation of the basis for the claimant's knowledge that the birth record is unavailable.

  • Do not obtain a written statement to explain the lack of a religious record.

  • Obtain other evidence of age per GN 00302.110.

Yes

Do not ask

Ask the claimant to obtain the public record.

No or unknown

Yes

  • Ask the claimant to obtain the religious record.

  • Do not include in file an explanation of the basis for the claimant's knowledge that the birth record is unavailable if the claimant presents a religious record established before age 5.

No

Unknown

  • If the State (country) is shown “Yes” in GN 00302.058 (GN 00307.190), include in file an explanation of the basis for the claimant's knowledge that the birth record is unavailable.

  • If the State (country) is shown as “No” in GN 00302.058 (GN 00307.190), do not include in file an explanation of the basis for the claimant's knowledge that the birth record is unavailable.

  • Request other evidence of age per GN 00302.110ff.

  • Unless a religious record of age established at age 5 or later is presented, document the basis for the “unknown” answer regarding the religious record and describe the claimant's effort to obtain such a record

Unknown

Unknown

  • Take the following actions:

Step

Action

1

Check the State in GN 00302.058 or the country in GN 00307.190

2

Is the State or country listed as “Yes”?

  • If yes, go to step 3.

  • If no, go to step 5

3

Ask the claimant to request the public record.

NOTE: In the interest of processing time and efficiency, you may also want to request other evidence of age per GN 00302.110ff. at this time (see step 5).

4

Was the public record obtained?

  • If yes, stop.

  • If no, go to step 5.

5

  • Request other evidence of age per GN 00302.110.

  • Unless a religious record of age established at age 5 or later is presented, document the basis for the “unknown” answer regarding the religious record and describe the claimant's efforts to obtain such a record.

  • Do not include in file an explanation of the basis for the claimant's knowledge that the public birth record is unavailable (if born in a “No” State or country.)

C. LIST OF FORMS FOR DOCUMENTATION

If the claimant had previously tried to obtain a copy of his/her public or religious record but was unsuccessful, or has some other basis for knowing that such records are unavailable, document the file accordingly using

  • An RC, or

  • Form SSA-795 (Statement of Claimant or Other Person), or

  • Form SSA-553 (Special Determination), or

  • Form SSA-2038-F3 (Date of Birth Determination), or

  • The application for benefits (in either the question pertaining to this subject or in “Remarks”).

D. POLICY — DISCREPANT DB DISCOVERED AFTER INITIAL INTERVIEW

If a claimant was born in a “Yes” State or country (see GN 00302.058 or GN 00307.190) and a discrepant DB is discovered after the initial interview has been completed, recontact the claimant for the answer to the availability question for the year in question, unless

  • A religious record established before age 5 was submitted, or

  • The discrepant year is one which would have been within the range of years which the BVS has already searched (see GN 00302.220).

The claimant's response to the availability question need not be over his/her signature.

If no attempt was previously made to obtain a record for a DB indicated in file which was outside the range of years searched by the custodian, request a search for a record for the year in question.

The claimant's possession of a delayed birth certificate (DBC) issued by the State of birth indicates that there is no public record of birth established before age 5.

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GN 00301: General Evidentiary Standards
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GN 003: Evidence
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GN 00303: Citizenship, Alien Status and Residency
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