# SSR 60-17: SSR 60-17. OLDEST RECORD DISAGREES WITH CONVINCING, MORE RECENT EVIDENCE OF AGE

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_17

## Section

- **Citation:** SSR 60-17
- **Heading:** SSR 60-17. OLDEST RECORD DISAGREES WITH CONVINCING, MORE RECENT EVIDENCE OF AGE
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Widow(er)'s Insurance benefits / SSR 60-17

## Text

In 1955, after the death of A, W applied for mother's insurance benefits
on his earnings record. At that time she gave her date of birth as
December 24, 1899, but her age was not material to her eligibility for
benefits as long as she had in her care a child under 18 entitled to
benefits. (Section 202(g) of the Social Security Act.) In December 1957,
after her son had reached age 18 and they no longer were entitled to
benefits, W applied for widow's insurance benefits under section 202(e)
alleging that she had already reached the retirement age of 62 and that
her correct date of birth was December 24, 1895.

As evidence of her date of birth the following documents were
submitted:

Regulations No. 4, § 404.703 provides that in determining the weight to
be given to evidence offered to prove age, consideration will be given to
its general probative value. The probative value of evidence of age is
determined by considering such factors as the purpose for which a record
was established, the basis for the record, the formality of the record,
and its location and age. Other factors being equal, the oldest record
normally has the highest probative value.

In this case, however, in the face of the school records made three years
later and other explanatory statements, doubt is cast upon the correctness
of the 1911 record of the family's arrival in the United States which
normally would have great weight and validity in establishing age. The
reason for giving incorrect ages for the children at that time was
convincingly explained. The school records made in 1914 establish the
dates of birth of the three younger children as alleged in their
affidavits. R could not have been as young as three years of age and she
had to be nearly six at the time she entered the United States since her
father had come to the United States about five years earlier.
Correspondingly, F could not have been four years of age but had to be
nearly nine as is indicated on her school record
es of birth of the three younger children as alleged in their
affidavits. R could not have been as young as three years of age and she
had to be nearly six at the time she entered the United States since her
father had come to the United States about five years earlier.
Correspondingly, F could not have been four years of age but had to be
nearly nine as is indicated on her school record. W was the second of the
six children and must have been born several years before S, the fourth
child, whose date of birth was definitely established as September 25,
1899. Although the school records do not establish W's actual date of
birth, the doctor's record established in 1935 shows her date of birth as
December 24, 1895. This record, which supports W's allegation, was based
on information given upon the doctor's insistence and constitutes credible
evidence.

It is held , therefore, that the evidence and statements presented
are sufficient to establish that W was born on December 24, 1895, as
claimed.

## Nearby sections

- [SSR 60-17 SSR 60-17. OLDEST RECORD DISAGREES WITH CONVINCING, MORE RECENT EVIDENCE OF AGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_17.md)
- [SSR 66-17c SSR 66-17c: SECTIONS 202(e)(1) and 202(j)(1). -- APPLICATION -- ORAL INQUIRY ABOUT BENEFITS -- NONESTOPPEL OF ADMINISTRATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_17c.md)
- [SSR 67-8 SSR 67-8: SECTION 202(e) and 216(c). -- WIDOW'S INSURANCE BENEFITS -- DEFINITION OF WIDOW -- ENTITLEMENT TO WIDOW'S INSURANCE ANNUITY UNDER RAILROAD RETIREMENT ACT IN MONTH BEFORE REMARRIAGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_8.md)
- [SSR 68-15 SSR 68-15: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_15.md)
- [SSR 68-16 SSR 68-16: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_16.md)
- [SSR 68-71 SSR 68-71: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_71.md)
- [SSR 69-4 SSR 69-4: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_4.md)
- [SSR 70-19c SSR 70-19c: SECTION 202(e) (1). -- REMARRIAGE BEFORE AGE 60 -- ESTOPPEL -- RELIANCE BY WIDOW ON INFORMATION FROM AN OFFICIAL SOURCE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_19c.md)
- [SSR 71-21c SSR 71-21c: SECTIONS 202(e) and 216(c)(5). -- WIDOW'S INSURANCE BENEFITS -- "DURATION OF MARRIAGE" REQUIREMENT -- CONSTITUTIONALITY OF STATE'S NONRECOGNITION OF COMMON-LAW MARRIAGES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_71_21c.md)
- [SSR 71-52 SSR 71-52: Sections 202(e)(1) (42 U.S.C. 402(e)(1) — Filing For All Benefits — Widow's Insurance Benefits](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_71_52.md)
- [SSR 72-3 SSR 72-3: SECTIONS 202(e)(1) and 216(h)(1)(A) (42 U.S.C.A. 402(E)(1) and 416(h)(1)(A)). -- RELATIONSHIP -- VALIDITY OF DIVORCE OBTAINED OUTSIDE OF STATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_3.md)
- [SSR 72-4c SSR 72-4c: SECTIONS 202(e) and 223 (42 U.S.C. 402(e) and 42 U.S.C. 423). -- DISABLED WIDOW'S INSURANCE BENEFITS -- SEVERITY OF IMPAIRMENT -- ABILITY TO ENGAGE IN ANY GAINFUL ACTIVITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_4c.md)
- [SSR 72-52 SSR 72-52: SECTIONS 202(e) and 216(c)(5) (42 U.S.C. 402(e) and 416(c)(5). -- WIDOW'S INSURANCE BENEFITS -- "DURATION OF MARRIAGE" REQUIREMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_52.md)
- [SSR 72-55 SSR 72-55c: SECTIONS 202(e)(1) and 205(c)(5)(A) and (B) (42 U.S.C. 402(e)(1) and 405(c)(5)(A) and (B)). -- REVISION OF EARNINGS RECORD AFTER "FINAL DECISION" -- TIME LIMITATION -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_55.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_17. Check the current official text before relying on it. Not legal advice.
