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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I moved to the US from Canada back in 2009. I didn't realize

Customer Question

I moved to the US from Canada back in 2009. I didn't realize that my employer has not been deducting nor paying my social security tax and Medicare until 3 weeks ago! What do I do? I am 58, and will likely work until 65-67 years old. I obviously want the credit for working since 2009 in the US. I have had a green card since January 2011, and before that was on a L1 Visa. Please help me on what to do.
Thank you.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Have you been working as in independent contractor or as an employee?

2. Why is social security taxes not being withheld or paid?

3. Do you receive a W-2 form or a 1099 form at the end of the year reporting your wages?

4. You say that no social security/Medicare taxes have been paid in going on 7 years now?

Thanks in advance,


Customer: replied 1 year ago.
I want to continue by email. I have been working as an employee since March 2009 when I transferred from Canada to New York. My employer just informed me they forgot to deduct my social security taxes and Medicare since then. My W-2 shows a very small amount deducted in 2010, and none thereafter.
Expert:  LawTalk replied 1 year ago.

Good afternoon,

You need to demand that your employer immediately file amended tax withholding statements and pay the social security taxes that they have been obligated under the law to pay, so you can get credit for the income you have earned toward Medicare and social security retirement.

If the employer will not cooperate, you will need to report the failure to pay to the IRS. The IRS encourages employees to report any concerns that an employer is failing to properly withhold and pay federal income and employment taxes. Taxpayers can contact the IRS at 1-***-***-**** or report suspected tax fraud by calling 1-***-***-****.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,