not June 3, 1919. See 35 Pa.Stat. § 450.703 (1978). Under section 1739 of title 28, 28 U.S.C. § 1739 (1976), that correction must be given full faith and credit. See Tindle v. Celebrezze, 210 F. Supp. 912, 914-15 (S.D.Cal.1962).
The administrative law judge's reliance on the census record, recorded in 1920, also is suspect. The census record lists a six-month old child named "Mary" and thus suggests that plaintiff was born in 1919. The census record also lists plaintiff's family name as "Huston" and not "Houston," however. Because of this inaccuracy on its face, the census record is "a questionable indicator" of plaintiff's date of birth. Blanks v. Richardson, 439 F.2d at 1160. Accord, Merrell v. Gardner, 397 F.2d 65, 66-67 (5th Cir. 1968); Potter v. Weinberger, 365 F. Supp. 259, 260-61 (W.D.Pa.1973). The inaccuracy raises the possibility that the census taker obtained the information contained in the census record not from the Houstons, but rather from a neighbor or other source. Thus, the census record no longer can stand as "preferred" evidence. See 20 C.F.R. § 404.708(a).
The fact that the information contained in the census record may not have been obtained directly from the Houstons, however, does not destroy its probative value entirely.
As the above discussion makes clear, evidence indicating that plaintiff was born on June 3, 1919 is limited to the suspect census record and her child's birth certificate, which was filed in 1933. Neither of these two documents was signed and sworn to by plaintiff or a member of her family. See 20 C.F.R. § 404.708(c). Indeed, only the birth certificate contains information clearly given by plaintiff or a member of her family, see 20 C.F.R. § 404.708(b), and the reliability of that document is open to question. Plaintiff testified at the hearing before the administrative law judge that she stated her age as 14 instead of 15 on her child's birth certificate only because she misunderstood the question asked of her, which referred to "age last birthday" instead of simply "age."
Evidence indicating that plaintiff was born on June 3, 1918 includes her elementary school record recorded in 1923, her marriage license filed in 1948, her application for life insurance filed in 1956 and her birth certificate corrected in 1980. All four of these documents contain information given by plaintiff or a member of her family. See id. In addition, the information contained in the life insurance application was signed and sworn to by plaintiff, and the information contained in the marriage license was signed and sworn to by plaintiff's husband. See 20 C.F.R. § 404.708(c). Further evidence indicating that plaintiff was born on June 3, 1918 includes not only her own testimony, but also that of her mother.
The Court concludes that the administrative law judge's decision that plaintiff was born on June 3, 1919 is not supported by substantial evidence. The Court holds, as authorized by section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), that the evidence supports the conclusion that plaintiff was born on June 3, 1918. Accordingly, the administrative law judge's decision, and thus the Secretary's decision, is reversed.