Changing Social Security records

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This article is dedicated to the process of changing the records in the United States Social Security Administration, (SSA) and the potential consequences of an information mismatch.

[edit] Name

The name on your Social Security card and SSA records can be changed once the legal name change process has been completed. Along with a filled out form SS-5, you will need a certified copy of your court order for name change, and two "identity documents." Examples of documents which satisfy this demand include:

An unexpired valid U.S. driver’s license or state issued identity card
An unexpired U.S. Passport/Passport card

Along with a:

U.S. military identification card (DOD Common Access Card)
Certificate of Naturalization or U.S. Citizenship
School identity card or record (for current school year) showing, in addition to your name, a photograph of you and/or your date of birth.

If the court order for name change includes your prior name and current age or date of birth, it may be used as an "identity document." More examples of acceptable "identity documents," may be found at the SSA website. [1] The information on at least one of these documents must match existing records.

The change process is handled at your local SSA office. The form SS-5, is available for completion and printing online here: http://www.ssa.gov/online/ss-5.pdf .

[edit] Gender Marker

The official regulation of changing the gender marker is as follows:

Sex-Change Operation: The surgeon or attending physician must provide a letter verifying the sex change surgery has been completed. All documents must clearly identify the NH. (Number Holder, simply put, you)

In simpler terms, this means that in order to change the gender marker in your Social Security record, you will need to present a letter from the surgeon who performed GRS, along with a completed SS-5 form to your local SSA branch.

The term sex change surgery in this case, while clearly a reference to genital surgery, does not specify what kind of surgery is accepted. In theory, proof of an orchiectomy or hysterectomy/oophorotomy is acceptable for the purpose of having the gender marker changed, however there are not any known cases of this having been successfully been done. The other problem is the lack of consistency in enforcement of the regulations, while one SSA employee will accept a doctor's letter stating that HRT has been "completed," another may not accept any evidence to change the marker.

[edit] Marriage

The status of a pre-existing marriage in the eyes of the SSA is, at this point, still undetermined. While there are not any known cases of same-sex marriage (either after the gender reassignment of one of the partners, or in a state that formerly allowed it) couples being denied spousal benefits, current interpretation of SSA regulations could be used to reduce or deny benefits.

IMPORTANT: Numident (the SSA's term for your record) sex data is used for identification purposes only. Do not use the sex data shown on the Numident to determine whether a valid marital relationship exists in a claims situation. Rather, consult appropriate State law to make a determination whether a valid marital relationship exists.

[edit] Information Mismatch

In an idea world, information in ones Social Security record (should it exist) would not be used as a means of identification, (as intended in the original Social Security Act, viewable here) but September 11th, has marked an increased reliance on governmental records as a means of "proving" the identity of any person.

Transsexual people are most vulnerable in the period of time between a legal name change and after GRS. Even if one were to change the gender marker on ones driver's license/identification card and birth certificate, anyone whom uses SSA record information to verify information, (employers and the DMV most notably) will receive a so called no-match letter basicly claiming that you are in the United States illegally. Some DMVs will refuse to issue or possibly revoke an issued driver's license after having received notice of a records mis-match.

In the workplace, employers are bound by law to attempt to verify the identity of a potential employee. Some employers will regularly run background checks due to the nature of the work performed. In the instance that information provided in identity documents (to meet the requirements of I-9) does not match with the records in the SSA, the employer will receive a "no-match letter" containing details of the alleged discrepancy. While technically the Date of Birth and Gender fields are optional, most employers will fill in those details anyway. This is the time line (the so called safe harbor procedures) of what happens after a no-match is received by an employer:

Day 0	0–30 days	0–90 days	0–90 days	90–93 days
Employer receives letter from SSA or DHS indicating mismatch of employee, name and Social Security number	Employer checks own records, makes any necessary corrections of errors, and verifies corrections with SSA or DHS	If necessary, employer notifies employee and asks employee to assist in correction	If necessary, employer corrects own records and verifies correction with SSA or DHS	If necessary, employer performs special I–9 procedure

The so called I-9 procedure, essentially involves filling out a new I-9 as if they were a new hire. Unfortunately, due to current SSA regulations, it may not be possible to legally satisfy, after the gender marker is changed on the birth certificate and/or driver's license/identification card; the identity of the employee in question. Which leads to an endless loop of no-match letters being received, unless the employee uses, as part of their official employee record, the gender marker that is on record with the SSA.

The Form I–9 verification step in the procedure offers the employee (whom unable to resolve their mismatch through the 90-day process) one last chance to show the employer that he or she is not an unauthorized alien. Employers who follow the safe harbor procedure and complete the I–9 verification should not be tempted to mistakenly terminate employment for citizens and authorized aliens.

While the consequence of a "no-match letter" are for most, only annoying, there remains the possibility of discrimination based on the mis-match of name (legally changed or otherwise) and gender in employer records, either from the employer itself, or more commonly, from other co-workers. In theory, the shift to a national biometric identification database will make having multiple identification documents containing gender markers obsolete. It is too early to tell (and beyond the scope of this article) if this system will make the legal process of transitioning easier.

[edit] External links

Changing Numident Name Data Social Security Administration
Changing Numident Data - Other than Name Change Social Security Administration
Unauthorized and unlawful hiring or continued employment; safe-harbor procedures for employees who receive a no-match letter United States Department of Justice
Safe Harbor Procedures for Employers Who Receive a No-Match Letter: Clarification; Final Regulatory Flexibility Analysis United States Department of Justice
Documenting Gender: Incoherence and Rulemaking by Dean Spade, Seattle University School of Law, Hastings Law Journal, Vol. 59, No. 1, 2008

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