Subject: [FP] Withdrawing an SSN application Date: Mon, 7 Feb 2000 19:42:44 -0600 From: "ScanThisNews" Reply-To: owner-scan@efga.org To: "ScanThisNews Recipients List" ====================================================================== SCAN THIS NEWS 2.7.2000 Many people would like to know whether an individuals can have a Social Security Account Number removed from the Social Security Administration files once one has been assigned. Often parents whose children were assigned a number under the Enumeration At Birth program wish to have their number removed from the child. Others want to know whether an adult's Social Security Number can be removed. An official "SSA Policy Statement" (see excerpt below) deals with removing the numbers assigned to "children at birth". However, little or no "official" information has been available with regard to removing numbers assigned to adults -- until now. The SSA publishes a form for applying to have the Agency "withdraw the record of an application." The Form does not specifically state what "application" is being requested to be withdrawn, therefor it can be assumed that the form is intended to be used to withdraw any and all "applications" that have been filed with the Agency. This would include the "Application for an SSA Account Number," Form SS-5. The "application withdrawal" form is "Form SSA-521 (11-85)." It is available from the SSA by calling: 1-800-772-1213. A copy of Form SSA-521 can be downloaded in PDF format here: http://www.networkusa.org/fingerprint/page1b/ssn-withdraw.pdf SSA-521 states: "IMPORTANT NOTICE. -- This is a request to cancel your application. If it is approved, the decision we made on your application will have no legal effect, all rights attached to an application, including your rights of reconsideration, hearing, and appeal will be forfeited, and any payments we made to you or anyone else on the basis of that application will have to be returned. You must then reapply if you want a determination of your Social Security rights at any time in the future but any subsequent application may not involve the same retroactive period. This procedure is intended to be used only when your decision to file has resulted, or will result, in a disadvantage to you. Your local Social Security office will be glad to explain whether, and how, this procedure will help you." There are spaces provided for the following items of information: "Name, SSN, Date of Application, Type of Application, and Type of Benefit." It goes on to say: "I hereby request the withdrawal of my application, dated as above, for the reasons stated below. I understand that (1) this request may not be cancelled after 60 days from the mailing of notice of approval; and (2) if a determination of my entitlement has been made, there must be repayment of all benefits paid on the application I want withdrawn, and all other persons whose benefits would be affected must consent to this withdrawal. I further understand that the application withdrawn and all related material will remain a part of the records of the Social Security Administration and that this withdrawal will not affect the proper crediting of wages or self-employment income to my Social Security earnings record." "Give reason for withdrawal." "___ I intend to continue working. (I have been advised of the alternatives to withdrawal for applicants under age 65 and still wish to withdraw my application.)" "___ Other. (Please explain fully): _____________________." The SSA web site makes reference to Form SSA-521 at the following URL under the heading "Forms used for withdrawal, reconsideration and other appeals." http://www.ssa.gov/OP_Home/cfr20/422/422-0515.htm There, the SSA states: "The following is a list of forms prescribed by the Social Security Administration for use by the public to request a withdrawal of an application, a reconsideration of an initial determination, a hearing, a review of an administrative law judge's decision, or for use where a person is authorized to represent a claimant." "SSA-521--Request for Withdrawal of Application. (For use by an individual to cancel his application.)" Rescinding Numbers Assigned to Children at Birth: Many hospitals have begun filing Social Security number application forms (SSA form SS-5) for new born children under the enumeration at birth program. The Social Security Administration can remove the record of a number assigned to a child, however they will resist doing so. 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 the official SSA Policy RM00205.95 as excerpted below: --- [BEGIN SSA POLICY STATEMENT] --- 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 SSA POLICY STATEMENT] --- When parents request to have a child's SSN removed the Agency will "remind" the parent that the "child tax credit" cannot be claimed on IRS tax forms without an associated SSN. Each parent must weight their financial "benefit" against their child's well being. The SSA representative may also say that the child will need an SSN to enroll in school and to work. Applying to Have the SSN Application Removed From an Adult: Since the SSA policy states that the SSA will delete the "application information from the SSN record," the agency should honor all such requests. The Social Security Administration May Not Remove The Record of Some SSNs: The Social Security Administration was recently asked whether a person could rescind their Social Security account number. The Agency's response indicates that once payments have ever been made under an assigned account number, the "record of the Social Security number" maintained in their files, along with all associated 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 where it states: "SSA does not change, void or cancel SSNs. In special situations, SSA will delete the application information from the SSN record." Therefore, it appears that the SSA does not delete or remove SSNs from their records under any circumstance. Once an SSN has ever been assigned, the record is permanently maintained by the Administration. According to the Social Security Regulations, a person must use an SSN in order to apply for any public benefits or assistance. An applicant for government benefits who does not have (or does not use) an SSN will be denied public benefits. The Social Security Act does not require anyone to obtain an SSN. The Social Security Administration has consistently stated this as follows: "The Social Security Act does not require a person to have a Social Security number (SSN) to live and work in the United States, nor does it require an SSN simply for the purpose of having one." The SSA only says that if someone works without an SSN, the agency cannot correctly credit the person's account for the period in which they work without a number. Once a person has ever been assigned an SSN and paid into the Social Security system they will ALWAYS HAVE AN SSN in the files maintained by the SSA. This fact alone might be sufficient to cause parents to choose NOT to get Social Security numbers assigned to their children. Should they do so however, the SSN will remain associated with the child for ever unless the parent requests that the SSA remove the record of the "application". ---------------------------------------------------------------------- Social security is the bane of individual liberty. - SAM ====================================================================== Don't believe anything you read on the Net unless: 1) you can confirm it with another source, and/or 2) it is consistent with what you already know to be true. ====================================================================== Reply to: ====================================================================== This is a copy of the free ScanInReview email newsletter, an abbreviated compendium of regular ScanThisNews posts which is sent to contributors. 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