C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart H—Evidence

20 C.F.R. § 404.715

When evidence of age is needed

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(a) If you apply for benefits, we will ask for evidence of age which shows your date of birth unless you are applying for—

(1) A lump-sum death payment;

(2) A wife's benefit and you have the insured person's child in your care;

(3) A mother's or father's benefit; or

(4) A disability benefit (or for a period of disability) and neither your eligibility nor benefit amount depends upon your age.

(b) If you apply for wife's benefits while under age 62 or if you apply for a mother's or father's benefit, you will be asked for evidence of the date of birth of the insured person's children in your care.

(c) If you apply for benefits on the earnings record of a deceased person, you may be asked for evidence of his or her age if this is needed to decide whether he or she was insured at the time of death or what benefit amount is payable to you.

Notes of Decisions
Cited in 3 cases, 1986–1991 · leading case: Chan Wai King v. Sullivan, 757 F. Supp. 179 (E.D.N.Y 1991).
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Chan Wai King v. Sullivan, 757 F. Supp. 179 (E.D.N.Y 1991). “20 C.F.R. § 404.715 . The evidence must be “convincing.”
Ramirez v. Sullivan, 771 F. Supp. 169 (E.D. Tex. 1991). “-716(a) defines preferred evidence (or best evidence) of a claimant’s age as a birth certificate or hospital birth record recorded before age five, or a religious record which shows the claimant’s date of birth was recorded before age five.”
Genova v. Sec'y of Health & Human Servs., 625 F. Supp. 1563 (D.P.R. 1986). “The best evidence to prove age is either “a birth certificate or hospital birth record recorded before age 5; or a religious record which shows your date of birth and was recorded before age 5.” 20 C.F.R. § 404.716 . Other evidence, however, is also considered.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.