Audience:

DO/BO/TSC:
CR, CR TII, CR TXVI, DRT, DT, FR, OA, OS, RR, SR
OCO-ODO-IND:
CATA, DS, EHI, ISTA, LCC, RCOVTA
OCO-ODO-SHARE:
BA, CA, IS, RECONE, RECONR, RECOVR
OCO-OIO:
BIES, CA, CATA, FCR, FDE, RECONE, RECONR, RECOVR
OEO:
ADOCPA, DCCCT, DCCECT, DCCLECT, DCCPA, DCCRC, DCCRS, DEAPA
PSC:
BA, CA, CRTA, CS, DE, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, RECOVR

TN 6 (08-07)

GN 04030.010 Administrative Finality - The Effect of a Revised Date of Birth More Than 4 Years after Initial Determination

Citations:

20 CFR 404.435(a) (3) , 404.905 , 404.988 , and 404.989

SSR 82-45a

A. Introduction

The situation may arise where, more than 4 years after an initial determination to which a date of birth (DOB) was material, a beneficiary submits proof which establishes a different DOB. This different DOB may materially affect the computation of the beneficiary's benefit amount, the months to which work deductions apply, month of attainment of full retirement age, etc.

B. Policy

When the revised date of birth (DOB) determination is favorable to the beneficiary, it will be effective the month we receive the new evidence. If unfavorable, do not make a revision in the DOB (unless fraud or similar fault exists). Explain to the beneficiary that correcting the DOB would have negative consequences (less monthly benefit, overpayment, etc.). Explain that this established DOB will not be changed and the beneficiary should use this date when contacting SSA and other government agencies and intermediaries (Medicare, Health care providers, etc.).

Careful consideration should be given to determine if the revised date of birth would be truly favorable. Some things to consider are the new eligibility year or the year the claimant attains age 62 and the new number of reduction factors based on the new date of birth as well as Medicare entitlement, especially if there are outstanding medical bills (see HI 00805.150 HI 00805.170 and SM 00850.515). The month of entitlement (MOET) should not change when computing the new benefit amount. This policy applies only to Master Beneficiary Records (MBR). Numident (NUMI) records with incorrect dates of birth can be corrected at anytime provided the correct proofs are provided.

If the DOB change is neither favorable nor unfavorable (i.e., day of birth change,) to the claimant, correct the DOB on the record.

For additional information on changing the date of birth on the NUMI, follow RM 10212.200 – Changing Numident Data-Other than Name Change. In most instances, an SS-5 will need to be processed in order to correct the date of birth shown on the beneficiary’s Numident record.

C. Examples

1. Revised Date of Birth - Disadvantageous

A NH was initially awarded benefits in 09/2001 and the date of birth used to compute her benefits was 09/20/1936. The notice of award was dated 09/28/2001. In 09/2006, the NH comes into the office and provides proof that her correct date of birth is actually 09/20/1937. The NH did not have any outstanding Medical bills, prior overpayments, work deductions, etc.

In 09/2001 the NH’s PIA was $833.80 and her MBA was equal to her PIA since she was FRA in 09/2001. In 09/2006, when she came into the office to correct her date of birth her PIA and MBA were $946.60. If we correct the date of birth to 09/20/1937, the NH’s PIA in 09/2006 with the corrected date of birth would be $989.30 and her MBA would be $923.30.

Since changing this NH’s date of birth effective 09/2006 will increase her PIA but lower her actual monthly benefit, the date of birth should not be changed. The change in her PIA and the decrease in her MBA are due to the change in her eligibility year and an increase in the number of reduction factors.

2. Revised Date of Birth - Advantageous

A NH was awarded benefits in 06/1994 and the date of birth us