A. Rule

When preferred evidence of age (see GN 00302.052) does not exist, the adjudicator will request evidence from the automatically convincing evidence lists.

B. Definition

Automatically convincing evidence of age is a record or document from the lists in GN 00302.115 and GN 00302.118 which, in combination with a corroborating NUMIDENT (or other SSA record where no NUMIDENT exists), and absent a material discrepancy in file, is considered conclusive proof of a claimant's age. If the automatically convincing evidence of age shows only an age or an incomplete DB, review the instructions in GN 00302.480 to determine whether you may use the Numident or other SSA record to establish the missing element.

• NOTE: When more than one DB is shown in the NUMIDENT records, a material discrepancy exists, even where the last DB agrees with the allegation, unless the tolerance in GN 00302.180 applies.

C. Policy

Studies have shown that a document from the automatically convincing evidence lists is acceptable evidence of age if corroborated by a NUMIDENT. (See RM 10240.015 for the format of NUMIDENT responses.)

However, the high probative value of the convincing evidence documents is dependent upon there being no material discrepancy between the alleged DB and any evidence in file.

The adjudicator does not need to evaluate the probative value of automatically convincing evidence documents in a non-discrepancy situation.

• NOTE: Where a NUMIDENT record corroborates the alleged DB (i.e., where all DB's shown in the NUMIDENT record agree with the allegation and all other evidence in file), you may ignore a discrepant DB shown on an earnings record (E/R). (This DB would probably have originated in an employer's wage report reflected in the Earnings Reference File (ERF)). However, if no NUMIDENT record is available, the DB on the E/R must agree with the allegation and all other evidence to corroborate the DB. If the E/R DB is discrepant in this situation, follow GN 00302.165-GN 00302.180 to establish the DB.

  If the E/R contains a RRB DB which is materially different from the alleged DB, a material discrepancy is created which must be resolved per GN 00302.165-GN 00302.170.

D. First vs. second priority convincing evidence

Study data also indicate that the records in the first priority list in GN 00302.115 are relatively more reliable and available than those listed as second priority in GN 00302.118.

Records other than those shown in these two lists are either known to be unreliable or so few have been studied that the probative value cannot be statistically determined.

E. DB on first or second day of month

When using automatically convincing evidence to establish the DB, if the claimant alleges that he/she was born on the first or second day of a month, and the month of entitlement or the amount of benefits is or may be affected (i.e., would be different if the claimant were not born on the first or second day of the month), at least one of the documents must reflect the complete DB.

F. SSI — first month of eligibility at age 65

When an SSI applicant's first month of eligibility is the month of attainment of age 65, the exact day of birth is material since the date could have an impact on eligibility and payment.  Thus, when using automatically convincing evidence to establish the DB in this situation, at least one of the documents must show the complete DB.

G. Exception to consistency rule

Certain discrepant evidence may be ignored (see GN 00302.180). In those special situations, the discrepant document does not reduce the probative value of the automatically convincing evidence.

In all other situations where a discrepancy exists, the documents in the convincing evidence lists are no longer of any greater reliability than any other document and must be individually evaluated (see GN 00302.165).

H. Cross-reference

See GN 00302.120 for a discussion of SSA records which may be used where no NUMIDENT record exists.