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Does the Social Security Administration for issuing you a card

 

Customer Question

Does the Social Security Administration for issuing you a card with someone elses SSN on it at birth 21 years ago. Does the other person whose number you have - have any liability for not correcting it if he or she knew he or she was accumulating Social Security wages with someone elses income?

 

Optional Information:
Country relating to Question: United States
State (if USA): Illinois

Already Tried:
Nothing. Not sure how to ask for help on this

Submitted: 410 days and 8 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  Legalease replied410 days and 8 hours ago.

Hello there

 

I am sorry but there is no liability here for the person who received the number in error. First there is no way to prove that the person knew that he had the social security number of someone else and then as the years go by, unless you check your social security number regularaly (which most people do not) there is no way to even prove that this person even knew these credits were accumulating. Regarding any liability of the social security administration -- when a government employee makes a mistake that has to do with their job then there is no way that a person can sue for it. I wish I had better news for you on this, but about the only thing you can do is work with the social security administration to straighten this matter out.

 

--MARY

Customer replied410 days and 8 hours ago.

You did not answer the question so let me explain it better. My son was issued a SSN by the Social Security Administration but had someone elses number on his card. A government benefits agency called the other individual who admitted he knew that his SSN was issued to someone else (my son in this case) but did nothing about it.

Accepted Answer

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Expert:  Legalease replied410 days and 8 hours ago.

Hello again

 

Even under these circumstances it will not matter unless you can show that the other person used it for identity theft or to commit other crimes and this damaged your son in some manner (either it cost you money to straighten the matter out or your son's credit is ruined due to identity theft). Remember, if social security actually issued him the number then it was not his fault or issue -- it is just like a situation where someone commits a criminal act and someone witnesses it -- the witness has not legal obligation to come forward or to do anything about it. If this person was issued the number and used it legally to work, then he had no obligation to straighten it out. The only thing you can do is get social security to straighten the earnings records out here. HOwever, if there was identity theft you should call the police and get them involved and if this has actually harmed your son in some way then you can pursue a suit against the other party who did this and should not have.

 

--MARY

Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 5199
Answered: 5/6/2012

Experience: 15 years exp all aspects of general law

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