What should someone do after being issued the wrong Social Security number at birth?

Lexi, Chatbot

I understand how concerning this situation must be for you, and it's important to get the right support. Have you already started gathering all the necessary documentation related to your Social Security number and other accounts?

Lexi, Chatbot

Are you currently in contact with any specific agencies or institutions regarding the transfer of your records, such as your employer or educational institutions?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your documentation transfer.

Legal Eagle

Hello. I'm Legal Eagle. I'm happy to answer your questions, but just a quick heads up: Answers are for general legal information, no attorney-client relationship is created, I won't be able to personally represent you, response times can vary based on your question, research needed, and time of day. I try my best to answer questions as quickly as I can. I'm reviewing your inquiry now and will answer your questions in just a few moments :) Please respond here on this chat thread so that I know you are actively here. Thank you.

Legal Eagle

You're welcome, it's my pleasure to help :) Thank you so much for your response and for your patience as I typed my answer to you. Dealing with a shared Social Security number for more than two decades is a heavy burden to carry, and it is completely understandable that you feel a sense of distrust toward the administration. It is helpful that you have kept a full history of your communications, as this record acts as your primary shield during the transition. To manage the transfer of your 401k and student loans, you could reach out to the compliance departments of those specific financial institutions. You can provide them with the official letter from the Social Security Administration that explains the error and the issuance of your new number. These companies have established protocols for correcting administrative errors and can link your existing assets to your new identity without losing your history.

For your educational records and degree authenticity, you can consider contacting the registrar's office at your university. They are used to handling name changes and record updates, so they can update your files to reflect the new number once you provide the legal proof of the change. It is often better to wait until you have the physical new card and the official documentation of the correction before you reach out to them. This ensures that the paper trail is clear and that there is no confusion about which identity is the correct one moving forward.

Regarding your Social Security contributions and future retirement, you can ask for a certified earnings record once the accounts are merged. This document serves as a permanent record of what you have paid into the system. Since the administration admitted they missed this for a long time, you could request a written statement or a formal reconciliation report that confirms every year of your earnings has been moved from the shared number to your new unique number, consistent with SSA's regulations governing correction of earnings records under 20 CFR § 404.822. Keeping this report in a safe place will give you peace of mind for when you are ready to retire decades from now.

To protect yourself against the comments made by agents, you can document the names of the people you speak with and the dates of those meetings. If they mention self-implication again, you can clarify that you are acting in good faith to resolve an error created by the government. Having a professional by your side could help manage these interactions and ensure that your rights are protected throughout this complex process.

Here are some helpful tips as you navigated this:

• Request a copy of your numident file from the Social Security Administration which shows the history of changes to your record, obtainable under the Freedom of Information Act process SSA maintains for such requests.
• Contact all three major credit bureaus to explain the situation so they can merge your credit history under the new number, a process governed in part by the Fair Credit Reporting Act, 15 U.S.C. § 1681i, which sets out consumer rights to dispute inaccurate information.
• Keep physical and digital copies of the letter confirming the Social Security number change in multiple secure locations.
• Notify the Internal Revenue Service specifically about the change to ensure your past tax filings remain linked to you.

Given the complexity and variation in state and local laws, consulting with a local lawyer who is familiar with the laws in your specific area can be beneficial. You could look for a lawyer who specializes in administrative law, identity theft, or civil rights to help you navigate the federal system.

Legal Eagle

You're welcome! The discovery that your shared Social Security number caused financial strain for your parents adds another layer of difficulty to this situation. Because the IRS systems saw two different people using the same number, it likely triggered automated audits or rejections when your parents tried to claim you as a dependent. This explains why they faced identity verification hurdles and additional fees over the years. Their records could be corrected by showing that the conflict was not due to fraud on their part, but a clerical error by the government that took 26 years to resolve.

Your parents could consider filing a series of amended tax returns for the years they were financially impacted, though there are typically time limits on how far back they can claim refunds. To protect them now, they can gather all the notices they received from the IRS regarding those past "identity" claims and match them with the official documentation you are receiving from the Social Security Administration. When they present this proof, they can explain that the "fraud" was actually a systemic error. This could potentially help them waive past penalties or fees that were unfairly charged due to the shared number.

They can also look into filing IRS Form 14039, Identity Theft Affidavit, but they would use it to clarify the "incorrectly claimed dependent" status that plagued their filings. This form notifies the IRS that the Social Security number conflict was an administrative mistake. By doing this, they can ensure their own tax accounts are flagged correctly so that no future issues arise from your transition to a new number. It provides a formal way to tell the IRS that they were not at fault for the discrepancies.

To ensure they are fully protected, your parents could request their own tax transcripts for the years in question to see exactly how the IRS coded their accounts. If they paid thousands of dollars in extra fees, they can check if any of that money can be recovered through a formal request for penalty abatement based on "reasonable cause." Since the cause was a government error, they have a strong argument that they should not have been penalized. Keeping a clean paper trail that links your new number to the old one will be the best way to shield their future filings from any lingering issues.

Some additional helpful tips:

• Your parents can request a dedicated Identity Protection PIN from the IRS to prevent any future issues with their tax filings.
• Collect every receipt for the "extra fees" paid to the IRS to see if a bulk request for reimbursement can be made once the case is settled.
• Ensure your parents have a copy of your new Social Security card and the letter of explanation to keep with their permanent tax records.
• Consider writing a joint letter to the IRS Taxpayer Advocate Service to explain how this administrative error harmed two generations of your family.

Legal Eagle

You are very welcome and I hope you enjoy your Easter :)