Typically, Social Security considers the oldest records respecting proof of age to be the most reliable. However, when newer, more convincing proof of age contradicts an older record, the agency will accept the most credible evidence.

This is illustrated by an old case in which a woman whose husband died first claimed and received children’s benefits. After the child turned 18, she applied for widow’s benefits, claiming she had reached age 62.

An old immigration record from her boat passage to America showed she was only 59. But she was able to provide more convincing evidence that this incorrect information. Her father, who lived in America, had sent for his family but had meagre resources, so had understated his children’s ages to minimize the expense of tickets for their passage.

More reliable evidence was provided in the form of affidavits from family and medical notes, in which her doctor had insisted on knowing her correct age as exactly as possible for treatment purposes.

Held:: Claimant’s age was 62 and she was therefore entitled to social security retirement benefits.

See Social Security Ruling (SSR) 60-17.

On the other hand, there are times when, predictably, the oldest records respecting a claimant’s age are the most reliable.

A claimant filed for retirement benefits claiming she could not remember the exact month and date of her birth. Her friends and family submitted affidavits conflicting with older, more reliable documentary evidence.

Held: benefits denied. Claimant was not as old as she , her family and friends claimed. Her Polish passport and naturalization Petition and Certificate were older, more reliable evidence.

See Social Security Ruling (SSR) 60-18.

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.