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Social Security change for transgender people
Disclaimer: This is legal talk, not legal advice. Laws vary by
state, and some of the information discussed on this page may not be applicable
in your case. It is up to you to confirm any information herein by doing your
own research.
After getting a court order for name
change, I would recommend getting your Social Security card changed next.
This section assumes you already have a Social Security number and are merely
changing the name and (hopefully) sex. If not, this may not apply to you.
It usually takes about a week to get a new card, so the sooner you get going,
the better. Some states require a Social Security card for a driver's license
name change, but in others (such as Illinois) you can get a driver's license
changed with nothing more than your old license and an acceptable document
indicating your name change (such as a court order).
You will probably need your Social Security switched over to change any employment
and financial information. In addition, my employer won't let me switch any
work documents until I have my new card actually in my possession.
The process is simple.
1. Fill out the form (Form SS-5)
This form is available at any Social Security branch office. To find the
nearest office, call 1-800-772-1213 (7 am to 7 pm). They also have a cool
search page at their website:
http://www.ssa.gov
It lets you type in your zip code and shows a map with your nearest office
marked, as well as its address and hours.
There is also a downloadable copy of Form SS-5 at the Social Security website:
http://www.ssa.gov/replace_sscard.html
It's a valid copy of the form, acceptable for official use. It's a .pdf
file, which can be opened in Adobe Acrobat. This can then be printed and
filled out at home, then mailed or taken to your branch office.
You will need evidence showing your old and new names. Social Security
requires original documents or certified copies made by the county clerk
or other official whose duty it is to keep the records (hence the extra
copies I got). Photocopies and notarized copies are not acceptable.
Common acceptable documents include:
- Court order for name change (this is my recommendation)
- Clinic, doctor, or hospital records (You might be able to use a letter
from your therapist, for example, but to be safe and official, get the
court order.)
- Driver's license (if you can do this prior to Social Security in your
state)
The following are usually used to establish former identity:
- School ID card, record, or report card
- Marriage or divorce record
- Military records
- Adoption records
- Church membership or confirmation record
- Health insurance card
- Insurance policy
- U.S. government or state government employee ID card
- U.S. passport
At their site they say: "We will NOT accept a birth certificate or
hospital record as proof of your identity. We will accept other documents
if they have enough information to identify you. Remember, we must see original
documents or copies certified by the county clerk or other official who
keeps the record."
You write in your chosen name and below that your name at birth. If you
have a certified copy of your court order, you can just mail it in. Otherwise,
you may need to present original documentation or certified copies in person.
2. Wait for your new card to come in the mail
The whole thing took one hour, then eight days before it came, and
cost nothing.
I wanted to cover an issue you do not currently address. Stealth and your
Social Security Number. Maximum stealth would require a new ss# as well
as new first and last names. Most people are unable to change their ss#.
Even if first & last names are changed, using the same ss# can lead
to discrepancies that can come back to haunt you years later. Let me share
just a couple of ways this has happened to a friend of mine. When opening
a new bank account, the banks run a social security trace. This a background
check to see if other names are or have been associated with your number.
Immediately after opening a new checking account my friend's bank was putting
extended holds on her deposits & treating her weird. She assumes that
the bank thought she might try some kind of theft like writing bad/fraudulent
checks. Another example, she recently had lab results come back to her new
physician for a minor skin biopsy. The lab report that came back had incorrect
name and sex information identifying her as a male, since they had a preexisting
entry for that ss# already in their system from years earlier using information
from another doctor. Both the bank and the doctor's office kept the discrepancy
to themselves, but they treated her differently from that point onward.
Obviously this is not desirable.
If you can't change your number, then you can minimize using it. I have
noticed that preventative measures to prevent identity theft simultaneously
maximize your privacy and minimize your history outing you. As identity
theft is a generally known problem, any request you make that is consistent
with prevention will be considered reasonable. Restrict your ss# to a "need
to know" basis. Only your employer, accountant, bank, investment broker,
and IRS need your ss#. Insist that all others use an alternative number
for identification or enrollment. Don't write or print your number on checks.
Do not allow your number to be used in on your insurance card or student
id card. Insist that insurance companies and schools to use an alternate
number for identifying you.
Transgender workers sometimes have different gender markers in
employer records than what the Social Security Administration (SSA)
has in their database. When this occurs, those transgender employees can be the focus of no-match letters from SSA. The National Center for Transgender Equality has prepared a document on dealing with no-match letter issues:
http://transequality.org/Resources/NoMatch_employees.pdf
Driver's License
See my expanded section on how to
change your driver's license in your state.
Changing your driver's license is often not enough for legally binding matters and is not a substitute for a court order for name change.
Note that some states are now linking their records with Social Security
records, so you may need to revise your Social Security information before
you can get a license or state ID changed.
States differ, so you will have to contact your local bureau to find out
what procedure and identification is required in your case. You will probably
need to present some or all of the following ID:
- Birth certificate (old name)
- Social security card (new name)
- Two forms of other ID, showing your new name, such as utility bills or
medical records.
- While my local bureau did not give me a list of acceptable ID, I presume
they would accept the same documents as Social Security.
The following is from from Common Law Name Changes for Transsexuals,
Copyleft © 1995 Gary Bowen. My name and gender were changed concurrently on
my Social Security Card and Driver's License without any problems. If you
have trouble, please refer to the information below:
Social Security Gender Change
When you fill out the application for name change, mark the box of your
choice for gender. You can be brave and hope they process it through without
bothering to cross check the gender with the old records (it might happen),
or you can provide them with an explanation. Add a note to the application
telling them that you are a transsexual in transition and that you want
your new gender listed in the record. Supply the therapist's number for
them to call if they need confirmation or have questions. Be sure and
give your therapist a WRITTEN statement of permission to discuss your
case for this purpose. A verbal permission is not adequate, should your
therapist be challenged on it. This is for your therapist's protection;
your medical records are private and they have no right to discuss them
without your permission.
Assuming that Social Security accepts your gender change, the Social
Security records can be used to change all subsequent records. If Social
Security does not accept your gender change, you can ask your therapist
to intervene upon your behalf. Other transsexuals have made their gender
change with exactly the information provided here, if you are denied,
ask your local support group for help. Beating them over the head with
the fact that they have approved other people with the same level of documentation
will prove a powerful argument compelling them to approve you too.
However, you can perform a gender change another way: through bodily
evidence. Simply allow enough time for the hormones to alter your face
to the gender you desire, then go into the Social Security office (or
whatever agency you need ID from), and say, "Excuse me, there seems
to be a mistake on my records..."
Changing your Driver's License and Social Security Card, in combination with
your court order for name change, should be enough to switch over most official
documents you'll need for day-to-day living. The only tricky thing may be
if you plan to leave the United States: most people have found switching the
name and (especially) sex on their passport and birth certificate to be more
strict. Many have needed confirmation of SRS from a doctor.
Changing gender on Social Security cards is discussed in the section above. Transgender workers sometimes have different gender markers in
employer records than what the Social Security Administration (SSA)
has in their database. When this occurs, those transgender employees can be the focus of no-match letters from SSA.
Special note to young women:
A reader sent this good advice along on limiting the use of your Social Security
number before and after transition:
I wanted to cover an issue you do not currently address. Stealth and your
Social Security Number. Maximum stealth would require a new ss# as well as
new first and last names. Most people are unable to change their ss#.
Even if first & last names are changed, using the same ss# can lead to
discrepancies that can come back to haunt you years later. Let me share just
a couple of ways this has happened to a friend of mine. When opening a new
bank account, the banks run a social security trace. This a background check
to see if other names are or have been associated with your number. Immediately
after opening a new checking account my friend's bank was putting extended
holds on her deposits & treating her weird. She assumes that the bank
thought she might try some kind of theft like writing bad/fraudulent checks.
Another example, she recently had lab results come back to her new physician
for a minor skin biopsy. The lab report that came back had incorrect name
and sex information identifying her as a male, since they had a preexisting
entry for that ss# already in their system from years earlier using information
from another doctor. Both the bank and the doctor's office kept the discrepancy
to themselves, but they treated her differently from that point onward. Obviously
this is not desirable.
If you can't change your number, then you can minimize using it. I have noticed
that preventative measures to prevent identity theft simultaneously maximize
your privacy and minimize your history outing you. As identity theft is a
generally known problem, any request you make that is consistent with prevention
will be considered reasonable. Restrict your ss# to a "need to know"
basis. Only your employer, accountant, bank, investment broker, and IRS need
your ss#. Insist that all others use an alternative number for identification
or enrollment. Don't write or print your number on checks. Do not allow your
number to be used in on your insurance card or student id card. Insist that
insurance companies and schools to use an alternate number for identifying
you.
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