POMS Reference

GN 00302: Proof of Age

TN 16 (09-93)

A. Introduction

When preferred evidence of age is nonexistent and automatically convincing evidence is not readily available (i.e., within 10 working days) other evidence of age must be obtained. Several other types of records were studied in sufficient volume to judge their accuracy, but no basis was found for including them as automatically convincing evidence.

It is important that this policy be used only if automatically convincing evidence is not readily available, because studies have consistently shown that the error rate for DB findings using a combination of documents is twice as high as the error rate for automatically convincing evidence.

B. Policy

Although not each in themselves automatically convincing, records other than those listed in GN 00302.115 and
GN 00302.118 are still of value in establishing the DB in nondiscrepancy cases. However, these records should be used only in combination with at least two other records, one of which must be the NUMIDENT. (In those cases where a NUMIDENT record does not exist, another SSA record must be used as one of the documents.)

The variety of the evidence presented, the probative value of each record and consistency are all factors to take into consideration in establishing the DB.

NOTE: If needed, a negative search record may be used in combination with at least two other records to establish the date of birth.

C. Procedure

 

Step Action

1

Can any of the documents listed in GN 00302.115 or
GN 00302.118 be obtained within 10 days?

  • If yes, obtain that document and see GN 00302.110.

  • If no, go to step 2.

2

Obtain at least three records (one of which must be a NUMIDENT where such record exists) which were made

  • At different times

  • For different purposes

  • Under different circumstances

     

NOTE: Attempt to obtain at least one record (other than a NUMIDENT or other SSA record) established when the claimant was in his/her 20's or early 30's.

3

Does the DB alleged agree with the DB on the NUMIDENT and the DB on all evidence in file?

  • If yes, establish the DB as alleged and go to step 4.

  • If no, document the file to show that no preferred evidence is available (see GN 00302.057 B.) and go to step 5.

4

Document the file to show that no public or religious record of birth is available.

 

NOTE: Do not prepare a written DB determination.

5

Is any discrepancy material?

D. Exception to 3-document requirement

There may be situations where the adjudicator believes that two documents falling within this section's guidelines constitute sufficient evidence of age. If so, do not request a third document, but prepare a written determination explaining the reason for considering this evidence to be sufficient so as to eliminate the need for further development.

  • NOTE: No written determination is needed if both documents are at least 30 years old.