[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR219.8]



[Page 248]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 219_EVIDENCE REQUIRED FOR PAYMENT--Table of Contents

 

                 Subpart A_General Evidence Requirements

 

Sec.  219.8  Preferred evidence and other evidence.



    (a) Preferred evidence. When a claimant submits the type of evidence 

shown as preferred in subparts B and C of this part, the Board will 

generally find it is convincing evidence. This means that unless there 

is information in the Board's records that raises a doubt about the 

evidence, other evidence to prove the same fact will not be needed.

    (b) Other evidence. If preferred evidence is not available, the 

Board will consider any other evidence a claimant furnishes. If the 

other evidence consists of several different records or documents which 

all show the same information, the Board may determine that it is 

convincing evidence even though it is not preferred evidence. If the 

other evidence is not convincing by itself, the claimant will be asked 

to submit additional evidence. If the additional evidence shows the same 

information all the evidence considered together may be convincing 

evidence.

    (c) Board decision. When the Board has convincing evidence of the 

facts that must be proven, or when it is clear that the evidence 

provided does not prove the necessary facts, the Board will make a 

formal decision about the applicant's rights to benefits.