Social Security Enumeration At Birth

[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?

[mrg]

Does she have a birth certificate?

[pjmellon]

Yes, however, I would like to revoke that as well.

[Livefire]

When you fill out the birth certificate paperwork at the hospital, there is usually a checkbox on the form asking if you want the hospital to send the info off to the Social Security Administration in order to obtain a SSN for your child. Hospital personnel will check this box off for you if you should leave it blank. I know someone who this has happened to.

If a number has been assigned, it's too late. They will not rescind it. That adminstrator just blew you off!

[Shoonra]

The SSN for babies is a relatively new wrinkle, dating back only to the Nixon Administration. Prior to that, SSNs for children were considered a rarity (circa 1952, a six year old in my neighborhood was mentioned in the newspaper as being the youngest known holder of an SSN, which he had to procure because he had been hired to appear in a softdrink commercial).

The IRS had become aware, by the time of the Nixon Administration, that there was a good deal of tax fraud arising from the exemptions and deductions for children. These frauds included, as examples, claiming the deduction for non-existent children, for children long after they were grown and were earning their own living, by divorced parents both laying claim to deductions for the same child, etc.

So, under Nixon, an amendment to the tax code required that, to claim any of the tax benefits for raising a child, that child's SSN had to be provided. Having the kid's SSN enabled the IRS to make sure the kid actually existed, hadn't yet grown up to the point where he was earning his own living, and wasn't simultaneously being claimed by the other parent. Instantly, thousands - perhaps more than a million - purported children who had been claimed for tax purposes on the previous year's tax rteturns vanished from the new tax returns and were never mentioned again. There were jokes about this effect, relating it to Nixon's alleged opposition to abortion.

The point of this, such as it is, is that maybe you can keep your newborn from being assigned an SSN -- but you won't be able to claim the baby for a tax deduction or exemption unless and until the kid does get an SSN.

[FreeFromContract]

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?

When the hospital, through the acts of their administrators/agents, completed the paperwork and sent it into the SSA, they most likely committed fraud and may have also violated terms of any agreements you signed.

Let's examine a few of your options. Depending upon how much time and energy you want are willing to expend, there are several options available. For example, you may...

Option 1. B1tch and moan and take it up the tailpipe (to quote a certain Jim Carrey movie.)
Option 2. Take action against the hospital.
Option 3. No action against the hospital, but get on record the fraud for future action.

Since you haven't elaborated what your goal is, I'll focus my comments to Option 3.

What you describe is that a fraud has taken place. The hospital took an action under the guise that you and/or the mother (your wife I will presume) authorized the action when you did not. Both of you need to record that the action taken by the hospital was not authorized and that a fraud took place. The most expedient method of doing this is to complete an affidavit signed by you and your wife of the event(s) and that the hospital acted without authorization and counter to your explicit instructions and will. If there were other family members present when you refused to sign the enumeration a birth paperwork, have each of them complete an affidavit as well. Have the affidavits notarized and then have them published as a notice by the county recorder. You have now established and preserved an official record of the events which may be used in court.

Notice all parties.

Now, as far as the SSA is concerned, they really could care less. Shoonra provided a nice background on why the Congress passed the act. It should be obvious that Congress only shifted the fraud from occurring in the Treasury (through tax deductions) to the SSA. But the SSA won't complain; to do so would remove your child from their customer database. So they probably won't do anything. Just demand that if they refuse to invalidate the application that they attach the affidavits to the administrative records for your child.

Now, don't use that social security number. This is important, as your child will have the opportunity to formally notice the SSA of the fraud and relieve herself of any socialist ponzi scheme tax. This opportunity I speaking of is a window from the 1st day after the child's 18th birthday but before 6 months have passed after the 18th birthday. So you and your girl should have a discussion on the options available and the philosophical reasons for not using the SSN sometime before her 18th. Also provide her with the notarized affidavits you have of the event. Should she decide to do so, she will also need to complete an affidavit, notarize and have the notice published at the county recorder's office and notice the SSA. Should there be any attempt to collect socialist security taxes, she has evidence and a record of the application, on which the issuance of the number was based, is invalid. If she does nothing and uses the SSN and pays SS taxes she will have implied consent.

I recall reading that hospitals get reimbursed a certain amount for each completed form they submit to the SSA, so they are being enriched based upon an action you did not authorize. The only way to stop this type of abuse is to make it more expensive for them to defend their action than the compensation they receive. This would follow that you want to follow Option 2. This could take alot of time and money. You could get alot of money or you could get nothing. Look to state laws and civil actions available should you decide to go that route. There's plenty of law in place to support you, it's just a matter of finding and using it.

[netwrkranger]

... this may help.

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

1.5.1 Rescinding Numbers Assigned to Children At Birth:

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.

---
[End of Policy Statement]
---

The Social Security Administration will remind the parent that, (as stated elsewhere in this FAQ) a parent can no longer claim their child for a "child tax credit" on IRS tax forms without identifying their child using a SSN. The SSA representative may also say that the child will need a SSN to enroll in school and in order to work. Although schools often do ask for a SSN when a child enrolls there is no requirement that the child must have one in order to go to school. (The issue of working without a SSN is addressed in this FAQ under Part II, Number 2: "Do I have to provide a social security number to my employer?")
With persistence a SSN assigned to a child will likely be removed under the above procedure.

As always, caveat redemptor (verify for yourself),
netwrkranger

[netwrkranger]

...same source...

1.5.2 Applying to Have the SSN Application Removed From an Adult:

If a person decided they do not need or want an SSN, they may request that SSA delete the record of their SSN application. Since the SSA policy states that in special situations, SSA will delete the "application information from the SSN record," the agency should honor all such requests.

1.5.3 The Social Security Administration May Not Remove The Record of Some SSNs:

A question was recently posed to the Social Security Administration regarding rescinding an adult's Social Security number. The Agency's response indicates that once payments have been made under an assigned account number, the record of the Social Security number -- and all information about the person it was assigned to -- will never be removed from SSA files.

The Social Security Administration policy manual, "RM 00205.095," addresses this issue; it states:

"SSA does not change, void or cancel SSNs. In special situations, SSA will delete the application information from the SSN record." This specific SSA policy statement is in regard to numbers assigned to children at birth.

However, the statement appears to be a "blanket" policy. Apparently this is the SSA policy with regard to all assigned SSNs. Accordingly, it appears that the SSA does not delete or remove SSNs from their records under any circumstance. All indications are that once a SSN has ever been assigned, the record is permanently maintained by the Administration.

According to the Social Security Regulations, a person must use a SSN if they apply for public benefits. An applicant for government benefits who does not have, or does not use, a SSN will be denied.

In conclusion, once a person has ever been assigned a SSN - and paid into the Social Security system - they will ALWAYS HAVE A SSN in the records maintained by the SSA. This fact alone should be enough to make people choose to NOT get Social Security numbers assigned to their children. If they do, however, the SSN will remain associated with them forever. Only in certain cases - and then, only with persistence - will the SSA remove the record of the "application" for a SSN.

1.5.4. Rescinding an SSN:

Some people have sent letters to the Social Security Administration stating that they were "rescinding" their social security number. They publicly "give it back" so to speak. However, the Social Security Administration continues to maintain a record pertaining to each person using their social security account number. It's sort of analogous to the theme of the pop song "Hotel California" by the Eagles band where it says, "you can check out anytime you like, but you can never leave." We are not aware of any cases where the SSA agreed to expunge an adults records. Neither are we aware of any occasion where the SSA refunded any amount of contributions.

[farmer_giles_of_ham]

This is why name changes are so helpful- once it's "in the system": steamroller. Here I go with "religion", but:

one of the 'secular' effects of early christianity was the tendency to change names. The whole concept of being 'reborn' means losing all that previous baggage. Have Faith to persevere and Believe...become a "new man" and lose the old personality.

[netwrkranger]

The Social Security Administration does have an "enumeration at birth"
program for this purpose, however it is supposed to require the
consent of the parents. The SSA even has a specific procedure in place
in the event that an SS number is "accidentally" assigned; the parents
can petition to have the "applicant information" expunged from the
record. Note that the SSA policy appears to be to drag the parents
through a bureacratic maze in an attempt to get them to accept the SS
number. (The following manual sections were received directly from the
SSA by a friend of mine about two years ago. Obviously the policy may
have been modified since that time.)

----------------------------------------------------
SOCIAL SECURITY NUMBER POLICY AND GENERAL PROCEDURES
Parent objects to "Enumeration at Birth" program
----------------------------------------------------

----------------------------------------------------------------------
TN 16 6-90 RM 00905.100B.

----------------------------------------------------------------------
00205.100 PARENT OBJECTS TO ASSIGNMENT OF SSN TO CHILD
UNDER THE ENUMERATION AT BIRTH 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 A parent may object when a child is assigned an SSN.

If a child is issued an SSN card via the Enumeration at
Birth 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 the State
inadvertantly keyed "yes", and follow these steps:

Process forthcoming...