Social Security Enumeration At Birth

[netwrkranger]

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STEP ACTION
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1 Explain that the child will need an SSN, by at least
age 2, if he/she will be listed as a dependent on an
income tax return.

* If the parent accepts this explanation and will
keep the SSN card, stop.

* If this is not acceptable, go to step 2.
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2 Explain that on SSA's records, the account will remain
dormant, unless earnings are posted on the record.

* If the parent accepts this explanation and will
keep the card, stop.

* If the parent accepts the explanation but does
want the SSN card, take the card and destroy the
card (RM 00201.060). Explain that when an
application is later made for an SSN card the
same number will be assigned.

* If the parent inists that we delete the SSN
record, explain that the deletion action may
take several months. (Go to step 3.)
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3 * Document the parent's objection and advise the
parent that the case must be sent to central
office (CO) for review.

* Explain to the parent that if we delete the
applicant information from the SSN record, a
subsequent SSN request (likely before the child
is age 2) will result in a different SSN. In
addition, if and when the parent files for an
SSN for the child in the future, he/she should
enter "no" in item 10 on the SS-5.

* Forward all material pertinent to the situation
(including the FO observation and recommendation)
to CO at:

Social Security Administration
ORSI, DE, E&R
3-E-26 Operations Building
6401 Security Blvd.
Baltimore, MD 21235
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4 Request review of the case and action concerning the
parent's request for deletion of the data from the
SSN record. Send a copy of the entire file to the
appropriate regional office so that they can discuss
ongoing problems with the involved State.

I'm digging through my archives to see what more I can dig up.

[pjmellon]

Should I send an affidavit to the Baltimore office?

[netwrkranger]

That does bring up good questions? Which agencies do you notify of waiver of SSN benefits. An obvious party would be the Social Security Administration. Perhaps the IRS is another party? What document(s) does one file? A notice? An asseveration? Affidavit?

Would not one also have to close out all accounts using the number?

Famguardian says to never use their forms e.g. SSA-521. I would love to go talk to the Social Security office to inquire as to the administrative process to make this all happen. I would expect the absolute truth out of them, of course.

[Shuftin]

Originally Posted by pjmellon

I recently had a baby girl and refused the offer to have a ssn assigned. We received one in the mail for our daughter anyway. I went to SSA and told them that I was aware of the enumeration at birth program and that the social security act of 1935 states that "it is not a requirement to live or work in USA." The manager was rude, brief and said "she would denote my request with no guarantees." I called to follow up on the 800 number and the representative suggested I write my congressman (what a joke). I obviously need to send something in writing.

Any suggestions?

http://famguardian.org/Subjects/Taxe...%20At%20Birth:


As stated earlier, many hospitals have (relatively recently) begun filling out social security number application forms (SSA form SS-5) for newborn children under the enumeration at birth program. The Social Security Administration can remove the record of a number being assigned to a child, however they will resist doing so. In fact, the SSA office will likely try to intimidate a parent into keeping a number once one has been assigned. A parent requesting to have a number removed from their child will be treated in accordance with SSA Policy RM00205.95, as indicated below:---

SSN ASSIGNED THROUGH ENUMERATION AT BIRTH RM 00205.95 Parent Objects to Assignment of SSN to Child Under the Enumeration at Birth (EAB) Program

A. POLICY - SSA does not change, void or cancel SSNs. In special situations, SSA will delete the applicant information from the SSN record.

B. PROCEDURE - PARENT OBJECTS TO SSN
- A parent may object when a child is assigned an SSN via the EAB program. If a child is issued an SSN card via the EAB program (the online Numident shows "FMC:6" for Enumeration at Birth items) and the mother states she answered "no" to the enumeration question when providing birth information for the newborn, assume that either the hospital made an error or the State inadvertently keyed "yes". Explain that the child will need an SSN eventually if he/she will be listed as a dependent on an income tax return. If the parent accepts this explanation and will keep the SSN card, stop. If this explanation is not acceptable explain that on SSA's records, the record will remain dormant, unless earnings are posted. If the parent accepts this explanation and will keep the SSN card, stop. If the parent accepts the explanation but does not want the SSN card:
- repossess and destroy the card (RM 00201.060).
- explain that if the parent later applies for an SSN card for the child, the same number will be assigned.

C. PROCEDURE - REQUEST FOR DELETION
If the parent insists that we delete the applicant information from the SSN record, explain that the deletion action may take several months:

- Document the parent's objection and advise the parent that the case must be sent to the central office (C0) for review.- Explain to the parent that if we delete the applicant information from the SSN record, a subsequent SSN request (likely before the child is age one) will result in a different SSN. In addition, if and when the parent files for an SSN for the child in the future, he/she should enter "no" in item 10 on the SS-5.

- Forward all material pertinent to the situation (including F0 observation and recommendation) to the CO at:

Social Security Administration OPBP, DE, E&E 3-E-26 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235

- Request CO review of the case and take action concerning the parent's request for deletion of the data from the SSN record. - - Send a copy of the entire file to the appropriate regional office staff so that they can discuss ongoing problems with the involved State.

[pjmellon]

Shuftin,

I appreciate your feedback, however, you are not suggesting any type of process for me to undertake. I have already been to the local SSA office with a copy of their procedures in hand and it got me nowhere. I insisted they delete it and they lied to me.

[Shuftin]

Originally Posted by pjmellon

Shuftin,

I appreciate your feedback, however, you are not suggesting any type of process for me to undertake. I have already been to the local SSA office with a copy of their procedures in hand and it got me nowhere. I insisted they delete it and they lied to me.

Fraud, Identity Theft, Forgery. If you did not request a SSN for your daughter, someone did.

These are criminal acts but they are listed as Civil matters. Therefore the power is in your hands. You asked the local SSA office politely for a correction. Now get serious.

Sure, the hospital and/or staff committed the Fraud, Identity Theft, or Forgery in your name. The local SSA office would be a co-conspirator in this fraud. Take the CEO of the local SSA office to Court.

The CEO supports, defends, practices, and advocates Fraud, Identity Theft, and Forgery.

For a few bucks an attorney will write and notice the CEO a threatening letter. That may be all it takes to get the ball rolling. The SSA has to abide by their own rules and the rules are on your side. You just have to get the local SSA office off their ass.

Just my initial thoughts.

[pjmellon]

Shuftin -

Thanks for the help.

[Shoonra]

Originally Posted by Shuftin

Fraud, Identity Theft, Forgery. If you did not request a SSN for your daughter, someone did.

I don't see fraud in this -- nobody obtained anything of value.
I don't see identity theft either.
And so far I don't see forgery.

SSN registration is so essential to claiming a child as a tax deduction (and for other reasons) that I'd bet hospitals do it as automatically part of the birth certificate process.

In any case, I've never heard of a successful lawsuit over the SSN registration of a baby, but maybe you'll be the first.

[Shuftin]

Originally Posted by Shoonra

I don't see fraud in this -- nobody obtained anything of value.

Willful intention to deceive and, therefore, to defraud. Fraud also creates damages and injury.

It is possible to define fraud as any trick or artifice whereby a person by means of misrepresentation creates an erroneous impression and thereby induces another person to suffer damage. The misrepresentation may result from a false statement, concealment, or a nondisclosure.

In addition to this the SSA has plenty to gain futuristicly. Not all fraud nets immediate ill-gotten profit. The corporation has obtained a new tax payer to target.

Originally Posted by Shoonra

I don't see identity theft either.
And so far I don't see forgery.

SSN is strictly voluntary and cannot be forced upon people at gunpoint. If pjmellon did not voluntarily "REQUEST" a SSN for his child then there was a forged "REQUEST" written in his name. Or do hospitals carry guns and force SSN's on babies against the will of the parents?

Two words: voluntary & request. If pjmellon didn't do it, who did?

Originally Posted by Shoonra

In any case, I've never heard of a successful lawsuit over the SSN registration of a baby, but maybe you'll be the first.

Have you heard any unsuccessful lawsuits over the SSN registration of a baby?

[Shoonra]

It turns out that in some states (e.g. Michigan), the registration is so automaticthat nobody in the hospital can control it -- all birth certificates sent to the State Health Dept eventually get shared with the Social Security Admin.

It also turns out that the hospital report has distinct advantages; it involves no expense or inconvenience to the parents. If, instead of registering the kid for SocSec straight from the maternity ward, the parents try to register their kid separately (as might happen if the baby doesn't get a name until weeks after birth), a parent - with ID - has to bring the baby into the SocSec office - with the baby's birth certificate; and I think there's a small fee for this separate registration.