20 C.F.R. § 404.716
Type of evidence of age to be given
(a) Preferred evidence. The best evidence of your age, if you can obtain it, 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.
(b) Other evidence of age. If you cannot obtain the preferred evidence of your age, you will be asked for other convincing evidence that shows your date of birth or age at a certain time such as: an original family bible or family record; school records; census records; a statement signed by the physician or midwife who was present at your birth; insurance policies; a marriage record; a passport; an employment record; a delayed birth certificate, your child's birth certificate; or an immigration or naturalization record.
Notes of Decisions
Cited in 11
cases, 1982–2005 · leading case: Fred J. HERMES, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs.; Soc. Sec. Admin., Defendants-Appellees, 926 F.2d 789 (9th Cir. 1991).
Fred J. HERMES, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs.; Soc. Sec. Admin., Defendants-Appellees, 926 F.2d 789 (9th Cir. 1991). “20 C.F.R. § 404.716 (a) (1990). If a birth record meets these criteria, it is generally considered convincing.”
Chan Wai King v. Sullivan, 757 F. Supp. 179 (E.D.N.Y 1991). “20 C.F.R. § 404.716 (a). When “preferred evidence is not available, [the Administration] will consider any other evidence [the claimant provides to the Administration], If this other evidence is several different records or documents which all show the same information, [the…”
Ramirez v. Sullivan, 771 F. Supp. 169 (E.D. Tex. 1991). “20 C.F.R. § 404.716 (b). The Secretary’s regulations further provide that the following considerations, among others, are addressed when determining whether evidence is convincing: (1) whether the informant had personal knowledge of the facts, (2) whether the information was…”
Webb v. Bowen, 683 F. Supp. 1319 (D. Kan. 1988). “In attempting to establish age, if a claimant offers “preferred evidence” as defined in 20 C.F.R. § 404.716 (a), the Social Security Administration will generally accept it as convincing.”
Bennett v. Schweiker, 532 F. Supp. 837 (D.D.C. 1982). “20 C.F.R. § 404.716 (1980). 3 . Because recorded in July of 1980 and thus not before she reached the age of 5, plaintiffs corrected birth certificate does not constitute “preferred” evidence.”
Caraballo v. Sec'y of Health & Human Servs., 670 F. Supp. 1106 (D.P.R. 1987). “” 20 C.F.R. § 404.716 . The Secretary made an age determination, then, on the basis of the evidence before it.”
Miranda v. Sullivan, 771 F. Supp. 50 (S.D.N.Y. 1991). “20 CFR § 404.716 provides: Type of evidence of age to be given.”
Patel v. Barnhart, 131 F. App'x 599 (9th Cir. 2005). “See 20 C.F.R. § 404.716 (a) (birth certificate recorded before age five classified as preferred evidence); 20 C.”
Lowrey v. Chater, Comm'r (4th Cir. 1997). “The ALJ analyzed this aspect of the issue in great detail and properly found that the evidence presented by Lowrey was insuffi- cient to refute the accuracy of the birth record.”
Collier v. Apfel, 91 F. Supp. 2d 904 (W.D. Va. 2000). “The Magistrate Judge placed great weight in the state judicial proceeding determining February 20, 1927 as the date the plaintiff was born. The Magistrate stated “whether the birth official certificate contains the birth date actually recorded at the time of birth or one…”
Genova v. Sec'y of Health & Human Servs., 625 F. Supp. 1563 (D.P.R. 1986). “” 20 C.F.R. § 404.716 . Other evidence, however, is also considered.”
— 20 C.F.R. § 404.716(b) — 1 case
Miranda v. Sullivan, 771 F. Supp. 50 (S.D.N.Y. 1991). “20 CFR § 404.716 provides: Type of evidence of age to be given.”
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