20 C.F.R. § 404.703

When evidence is needed

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(a) Evidence. When you apply for benefits, we will ask for evidence that you are eligible for them. After you become entitled to benefits, we may ask for evidence showing whether you continue to be entitled to benefits; or evidence showing whether your benefit payments should be reduced or stopped. See § 404.401 for a list showing when benefit payments must be reduced or stopped.

(b) Authorization to obtain data from a payroll data provider. (1) We will ask you for a written authorization to obtain information about you from a payroll data provider whenever we determine the information is needed in connection with a determination of initial or ongoing entitlement to benefits.

(2) When we ask for your authorization, we will explain the authorization's scope and duration.

(i) We will explain to you that we will use the information obtained from a payroll data provider when it is needed in connection with a determination of initial or ongoing entitlement to title II benefits based on disability, or for eligibility or the amount of benefits under the Supplemental Security Income program of title XVI of the Social Security Act, and to prevent improper payments. We will explain to you that we may also use the authorization to obtain wage and employment information from a payroll data provider for claims associated with the claim filed, such as a claim for benefits by a spouse or child. We will also explain that we may use and disclose your information consistent with applicable Federal law (see, e.g., part 401 of this chapter) and any privacy notices we provide to you.

(ii) We will also inform you that your authorization will remain effective until the earliest of one of the following occurrences:

(A) You revoke your authorization in writing (see § 404.1588(b)(4));

(B) We have terminated all entitlement for benefits, you have no other claims or appeals pending under this title, and the period for appealing the determination or decision terminating entitlement has lapsed; or

(C) There has been an adverse determination or decision on your claim, you have no other claims or appeals pending under this title, and the period for appealing the adverse determination or decision has lapsed.

[89 FR 107258, Dec. 31, 2024]

Notes of Decisions

Cited in 15 cases, 1963–1992 · leading case: Pauline Ginsburg v. Elliot L. Richardson, Secretary of Health, Education and Welfare

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Pauline Ginsburg v. Elliot L. Richardson, Secretary of Health, Education and Welfare (1971) ca3 · cites it 2× “In evaluating this documentary evidence as well as the oral testimony of the appellant and appellant’s expert witness, the hearing examiner was guided by Social Security Regulation, 20 C.F.R. § 404.703 : “Evidence as to age (a) When required.”

James T. Blanks v. Elliott Richardson, Secretary of Health, Education & Welfare (1971) ca5 “20 C.F.R. 404.703 provides: (a) When required.”

Covo v. Gardner (1970) nysd “4 of the Social Security Administration 20 CFR 404.703, requires applicants for Social Security benefits, when age is relevant, to submit a public record of birth or a church record of birth or baptism established or recorded before the applicant’s fifth birthday.”

Georgia Sotiriades v. David Mathews, Secretary of Health, Education and Welfare (1976) cadc “The Administration’s regulations provide at 20 C.F.R. § 404.703 (c): Generally, the highest probative value will be accorded to a public record of birth .”

Agatha Shelton v. Secretary of Health, Education and Welfare, United States of America (1970) ca3 “20 C.F.R. § 404.703 provides in relevant part: “§ 404.”

Finkelstein v. Secretary of Health, Education & Welfare (1963) pawd “703 (20 C.F.R. 404.703) provides : “Evidence as to age — Except when the Administration, on the basis of information in its records, is satisfied that the date of birth stated in the application is susbtantially correct, an applicant for benefits shall file supporting evidence…”

Rodgers v. Cohen (1968) vaed “4, 20 C.F.R. 404.703. That same regulation spells out the evaluation of evidence.”

Sprung v. Weinberger (1974) njd “In doing so the Appeals Council rested its decision essentially on 20 CFR § 404.703 . We quote: Evidence as to age.”

Bradford Weir v. Louis W. Sullivan, M.D., Secretary of Health and Human Services (1992) ca10 “See, 20 C.F.R. 404.703; 20 C.F.R. 404.704. In addition to whatever documents the applicant provides, the Social Security Administration keeps a record of the earnings of individuals covered by social security.”

Hamlin v. Finch (1970) vawd “…day entered granting defendant’s motion for summary judgment and denying plaintiff’s motion for summary judgment. . 20 C.F.R. § 404.703 (1969).”

Aron Matusiak v. Robert Finch, Secretary of Health, Education and Welfare of the United States (1971) ca7 · cites it 4× “20 C.F.R. § 404.703 (b) and (e). Prior to 1965, the regulations included a list of 17 kinds of evidence in descending scale of probative value beginning with “Public record of birth” and concluding with “other evidence of probative value.”

Delikosta v. Califano (1979) nysd “According to the regulations, a marriage certificate may be used as evidence of date of birth where public or church records established or recorded before age five are unavailable, 20 C.F.R. § 404.703 (e). However, this is only one in a long list of items which may be utilized.”

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