Social Security Administration § 404.721

for additional evidence. If this addi- riage record; a passport; an employ- tional evidence shows the same infor- ment record; a delayed birth certifi- mation, all the evidence considered to- cate, your child’s birth certificate; or gether may be convincing. When we an immigration or naturalization have convincing evidence of the facts record. that must be proven or it is clear that the evidence provided does not prove § 404.720 Evidence of a person’s death. the necessary facts, we will make a for- (a) When evidence of death is required. mal decision about your benefit rights. If you apply for benefits on the record of a deceased person, we will ask for EVIDENCE OF AGE, MARRIAGE, AND evidence of the date and place of his or DEATH her death. We may also ask for evi- dence of another person’s death if this § 404.715 When evidence of age is is needed to prove you are eligible for needed. benefits. (a) If you apply for benefits, we will (b) Preferred evidence of death. The ask for evidence of age which shows best evidence of a person’s death is— your date of birth unless you are apply- (1) A certified copy or extract from ing for— the public record of death, coroner’s re- (1) A lump-sum death payment; port of death, or verdict of a coroner’s (2) A wife’s benefit and you have the jury; or a certificate by the custodian insured person’s child in your care; of the public record of death; (3) A mother’s or father’s benefit; or (2) A statement of the funeral direc- (4) A disability benefit (or for a pe- tor, attending physician, intern of the riod of disability) and neither your eli- institution where death occurred; gibility nor benefit amount depends (3) A certified copy of, or extract upon your age. from an official report or finding of (b) If you apply for wife’s benefits death made by an agency or depart- while under age 62 or if you apply for a ment of the United States; or mother’s or father’s benefit, you will (4) If death occurred outside the be asked for evidence of the date of United States, an official report of birth of the insured person’s children death by a United States Consul or in your care. other employee of the State Depart- (c) If you apply for benefits on the ment; or a copy of the public record of earnings record of a deceased person, death in the foreign country. you may be asked for evidence of his or (c) Other evidence of death. If you can- her age if this is needed to decide not obtain the preferred evidence of a whether he or she was insured at the person’s death, you will be asked to ex- time of death or what benefit amount plain why and to give us other con- is payable to you. vincing evidence such as: the signed statements of two or more people with § 404.716 Type of evidence of age to be personal knowledge of the death, giv- given. ing the place, date, and cause of death. (a) Preferred evidence. The best evi- dence of your age, if you can obtain it, § 404.721 Evidence to presume a per- is either: a birth certificate or hospital son is dead. birth record recorded before age 5; or a If you cannot prove the person is religious record which shows your date dead but evidence of death is needed, of birth and was recorded before age 5. we will presume he or she died at a cer- (b) Other evidence of age. If you can- tain time if you give us the following not obtain the preferred evidence of evidence: your age, you will be asked for other (a) A certified copy of, or extract convincing evidence that shows your from, an official report or finding by an date of birth or age at a certain time agency or department of the United such as: an original family bible or States that a missing person is pre- family record; school records; census sumed to be dead as set out in Federal records; a statement signed by the phy- law (5 U.S.C. 5565). Unless we have sician or midwife who was present at other evidence showing an actual date your birth; insurance policies; a mar- of death, we will use the date he or she

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was reported missing as the date of husband, we will ask for evidence of death. the marriage and where and when it (b) Signed statements by those in a took place. We may also ask for this position to know and other records evidence if you apply for child’s bene- which show that the person has been fits or for the lump-sum death payment absent from his or her residence and as the widow or widower. If you are a has not been heard from for at least 7 widow, widower, or divorced wife who years. If the presumption of death is remarried after your marriage to the not rebutted pursuant to § 404.722, we insured person ended, we may also ask will use as the person’s date of death for evidence of the remarriage. You either the date he or she left home, the may be asked for evidence of someone date ending the 7 year period, or some else’s marriage if this is necessary to other date depending upon what the prove your marriage to the insured per- evidence shows is the most likely date son was valid. In deciding whether the of death. marriage to the insured person is valid (c) If you are applying for benefits as or not, we will follow the law of the the insured person’s grandchild or State where the insured person had his stepgrandchild but the evidence does or her permanent home when you ap- not identify a parent, we will presume plied or, if earlier, when he or she the parent died in the first month in died—see § 404.770. What evidence we which the insured person became enti- will ask for depends upon whether the tled to benefits. insured person’s marriage was a cere- monial marriage, a common-law mar- [43 FR 24795, June 7, 1978, as amended at 60 riage, or a marriage we will deem to be FR 19164, Apr. 17, 1995] valid. § 404.722 Rebuttal of a presumption of [43 FR 24795, June 7, 1978, as amended at 44 death. FR 34493, June 15, 1979] A presumption of death made based on § 404.721(b) can be rebutted by evi- § 404.725 Evidence of a valid ceremo- nial marriage. dence that establishes that the person is still alive or explains the individ- (a) General. A valid ceremonial mar- ual’s absence in a manner consistent riage is one that follows procedures set with continued life rather than death. by law in the State or foreign country where it takes place. These procedures Example 1: Evidence in a claim for sur- cover who may perform the marriage viving child’s benefits showed that the work- ceremony, what licenses or witnesses er had wages posted to his earnings record in the year following the disappearance. It was are needed, and similar rules. A cere- established that the wages belonged to the monial marriage can be one that fol- worker and were for work done after his lows certain tribal Indian custom, Chi- ‘‘disappearance.’’ In this situation, the pre- nese custom, or similar traditional pro- sumption of death is rebutted by evidence cedures. We will ask for the evidence (wages belonging to the worker) that the described in this section. person is still alive after the disappearance. (b) Preferred evidence. Preferred evi- Example 2: Evidence shows that the worker dence of a ceremonial marriage is— left the family home shortly after a woman, (1) If you are applying for wife’s or whom he had been seeing, also disappeared, and that the worker phoned his wife several husband’s benefits, signed statements days after the disappearance to state he in- from you and the insured about when tended to begin a new life in California. In and where the marriage took place. If this situation the presumption of death is re- you are applying for the lump-sum butted because the evidence explains the death payment as the widow or wid- worker’s absence in a manner consistent ower, your signed statement about with continued life. when and where the marriage took [60 FR 19165, Apr. 17, 1995] place; or (2) If you are applying for any other § 404.723 When evidence of marriage is benefits or there is evidence causing required. some doubt about whether there was a If you apply for benefits as the in- ceremonial marriage: a copy of the sured person’s husband or wife, widow public record of marriage or a certified or widower, divorced wife or divorced statement as to the marriage; a copy of

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