TN 9 (02-85)

GN 00302.480 Missing Element in DB Found Only in SSA Records

A. Introduction

Occasionally, the evidence submitted by the claimant (i.e., evidence other than the NUMIDENT or other SSA records) will not show the complete DB. Documents such as census records or insurance policies may show only an age. Other documents may show only a year of birth.

B. Rule

Where there is no discrepancy in file, the NUMIDENT or other SSA record can be used to establish the missing element.

Where there is a discrepancy in file, resolve the discrepancy per GN 00302.165-GN 00302.180 (you may need to request additional evidence) before using the chart below to establish the missing element. Do not use the chart to resolve a discrepancy.

C. Comment

The selection of dates shown by the chart below is entirely arbitrary and is designed to establish some conformity in DB determinations where no discrepancy exists or where a discrepancy has been resolved and a nondiscrepant element exists only in the NUMIDENT or other SSA records

The chart should not be used if:

  • The month and day are material, and

  • Evidence is known to exist that will supply the missing element(s).

D. Evidence establishes year of birth

IF...AND month and day...THEN...
The NUMIDENT, other SSA records or other previous statements and application agree as to month and dayMay or may not be materialUse the month and day alleged.
   
The NUMIDENT, other SSA records or other previous statements and application disagree as to month and dayAre not materialUse the month and day on the application.
The NUMIDENT, other SSA records or other previous statements and application disagree Are materialUse the least advantageous date.
   
There is no allegation or evidence as to monthAre not materialUse the 2nd day of the 7th month in period established by evidence of age.
   
 Are materialUse the 2nd day of the 7th month in period established by evidence of age, but only if FO indicates that the claimant was requested to obtain the required evidence or corroborative information and was unable to do so.
   
The file contains only allegation as to month and dayAre not materialUse the month and day alleged.
   
 Are materialUse the month and day alleged, but only if FO indicates that the claimant was requested to obtain the required evidence or corroborative information and was unable to do so.
   
There is no allegation or evidence as to day of birth onlyAre not materialUse the last day of the month alleged or established.
   
 Are materialUse the last day of the month alleged or established, but only if the FO indicates that the claimant was requested to obtain the required evidence or corroborative information and was unable to do so.
   
  • NOTE: In using the above instructions, remember that where the NUMIDENT corroborates the alleged DB, you may ignore a discrepant DB shown on the E/R (see GN 00302.110.C.)

E. Evidence establishes year of birth only: Consistency needed

The finding as to month and year is all part of the same DB determination, and the determination must be consistent in all parts. It is improper to make a finding as to month and a separate finding as to year and then, upon combining these two findings in a DB determination, arrive at a conclusion which is obviously wrong on the basis of the evidence in file.

F. Example

A claimant alleges a DB of 6/10/22, and the file contains:

  • A school record established 4/15/30 showing age 7, and

  • A NUMIDENT indicating an SS-5 established in 1939 showing 3/10/ 22.

It would clearly be erroneous to establish 3/10/22 as the DB, since the school record would indicate that the claimant was born during the period 4/ 16/22 to 4/15/23 inclusive. To find a DB outside of this period would be incorrect on the basis of the evidence in file. (In such cases, secure additional evidence as to month of birth.)

G. When written determination is needed

If the evidence presented satisfies the requirements listed in GN 00302.110-GN 00302.125, no written determination is needed.

If D. above is used to determine the month and day of birth, the FO must include a written determination outlining the basis for its determination. This determination can be on:

  • An RC

  • Form SSA-553 (see GN 01010.310ff), or

  • Form SSA-2038-F3.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200302480
GN 00302.480 - Missing Element in DB Found Only in SSA Records - 10/06/1994
Batch run: 01/27/2009
Rev:10/06/1994