TN 65 (12-22)
Rule a. DB allegation and a document agree
Marty Keith files in 4/85. Marty alleges Marty was born 7/17/20 and submits two documents.
One shows 7/18/20, the other 6/12/18. After development, Marty's DB is established
as 6/12/17.
For deemed IEP purposes, 7/17/20 will be used because Marty submitted a document that
agrees with Marty's allegation.
Rule b. Vague DB allegation
Joan Martin files in 7/85. Joan presents 3 documents showing 8/12/19, 8/ 12/20, and
8/12/22. Joan does not know which document is correct, but believes Joan is between
age 62 and age 65.
Joan's DB is finally established as 8/12/18 based on “best evidence” obtained for Joan by the social security office. For deemed IEP purposes, 8/12 /19
will be used because it is closest to the correct DB.
Rule c. Definite allegation but no proof of it
Dan Arge alleged Dan was born in 1922 (month unknown) when Dan filed for RIB in 10/84.
Dan was unable to submit evidence of the alleged DB but two documents were obtained
which indicated that Dan was born January 1920 and December 1921 respectively.
Dan's DB was eventually established as November 1916. For deemed IEP purposes, January
1920 will be used as described in Rule c., with the month of birth established as
indicated in HI 00805.151, item 2.
Since Dan Arge filed in 10/84, Dan's SMI will begin with 1/85, the month Dan is “deemed” to attain age 65.
Rule b. Vague DB allegation
Ken Overfell stated Ken was unsure of Ken's DB and refused to make an allegation when
Ken filed in 9/84, other than to say that Ken was about age 65. Ken submitted two
documents which showed Ken's DB as 10/17/17 and 10/17/19.
Ken's DB was established as 10/17/18. The DB for deemed IEP purposes will be established
as 10/17/19.
Rule d. All documents show age 65 or over in IEP
Joe Hendricks filed in 12/82, alleging that Joe would be age 65 in the following month.
Joe has no documentary evidence of this, but the FO helps Joe obtain two documents.
Both show that Joe is past age 67. Additional development reveals that Joe is actually
going to attain age 68 in 1/83.
According to Rule d., no deemed IEP will be established because there is no evidence
of Joe's allegation and none of the documents obtained show that Joe was under age
65 during Joe's actual IEP.
Rule c. Definite allegation but no proof of it
Whitney Hertz filed in 3/83, alleging that Whitney was born in December 1916. Documents
submitted or obtained showed December 1914, 1915, and 1917. December 1914 is established
as Whitney's DB based on best evidence.
Use December 1915 as the DB for deemed IEP purposes. Since Whitney Hertz is well past
Whitney's IEP, establishing the deemed IEP will affect only the amount of the premium
surcharge for late enrollment (see HI 00805.154).