If you give us the type of evidence we have shown as preferred in the following sections of this subpart, we will generally find it is convincing evidence. This means that unless we have information in our records that raises a doubt about the evidence, other evidence of the same fact will not be needed. If preferred evidence is not available, we will consider any other evidence you give us. If this other evidence is several different records or documents which all show the same information, we may decide it is convincing evidence even though it is not preferred evidence. If the other evidence is not convincing by itself, we will ask for additional evidence. If this additional evidence shows the same information, all the evidence considered together may be convincing. When we have convincing evidence of the facts that must be proven or it is clear that the evidence provided does not prove the necessary facts, we will make a formal decision about your benefit rights.
Notes of Decisions
Chan Wai King v. Sullivan (1991)
nyed
“” 20 C.F.R. § 404.709 . The regulations do not establish a definitive list of the kind of evidence that is acceptable, but rather give a nonexclusive set of examples of evidence that could be considered convincing.”
Allegra v. Bowen (1987)
nyed · cites it 2×
“20 C.F.R. § 404.709 . *468 In the absence of preferred evidence, the regulations require the Social Security Administration to “consider any other evidence” the claimant provides to determine if all the evidence considered together may be convincing.”
Brown for Brown v. Bowen (1987)
nyed
“20 C.F.R. § 404.709 . The regulations list various types of records introducible as evidence that the claimant is the natural child of an insured wage earner but, curiously, do not specify any document as “preferred” evidence of parentage.”
McMorrow v. Schweiker (1982)
njd · cites it 2×
“The general description of “preferred evidence” and of “other evidence” is given in 20 CFR § 404.709 in plain English. It is explained there that if “preferred” evidence is given, it will generally be found to be convincing evidence.”
Webb v. Bowen (1988)
ksd
“20 C.F.R. § 404.709 . During the proceedings below, numerous pieces of information concerning claimant’s age were submitted.”
Bradwell v. Barnhart (2004)
ca2
“See 20 C.F.R. §§ 404.709 , 404.716. Hence, we agree with the district court that the Commissioner’s finding that Ms.”
Patel v. Barnhart (2005)
ca9
“716 (a) (birth certificate recorded before age five classified as preferred evidence); 20 C.F.R. § 404.709 (such a birth certificate generally considered convincing).”
Miranda v. Sullivan (1991)
nysd
“20 CFR § 404.709 provides: Preferred evidence and other evidence.”
Annotations are extracted automatically from the opinions in the
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