A claimant applied for old age social security insurance benefits. As proof of his age he authorized the Bureau of the Census to release information to social security.

An applicable statute provided that census information could only be used as proof of age for establishment of social security benefits if corroborated by other evidence. Moreover, it could not be used “to the detriment” of the individual to which it pertained.

However, the social security Appeals Council (AC), citing federal case law, noted that the phrase “to the detriment of” did not mean the information could not be used in denying something to which the individual was not entitled.

Moreover, the AC observed that it was basic hornbook law that a statutory right could be waived, as long as such waiver did not infringe on the rights of third parties or detract from strong public policy.

Because of these principles, the Census records could be used by social security in establishing claimant’s date of birth. Fortunately for claimant, this resulted in the approval of his claim for old age retirement benefits.

See Social Security Ruling (SSR) 67-38a.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.