how attorney can use my ssn aginst me

by Brooke Gorczany 6 min read

Can someone use your SSN without permission?

A dishonest person who has your Social Security number can use it to get other personal information about you. Identity thieves can use your number and your good credit to apply for more credit in your name. Then, when they use the credit cards and don't pay the bills, it damages your credit.

Can someone use my SSN with their name?

Hackers can use your SSN to get credit cards in your name. It is possible for a hacker to get a credit card with just your name, address and Social Security number. Once the credit cards are in place, fraudsters can run up a lot of debt.

Does Social Security recognize a power of attorney?

No. The Social Security Administration does not recognize power of attorney as conferring authority to manage another person's benefits. Nor is it sufficient to have your name on your mother's bank account or be her authorized representative.

Can a payee go to jail?

Payees are required to spend the beneficiary's money only on the payee's medical needs and personal expenditures. If a representative is caught misusing a beneficiary's funds, he or she will not only have to repay the beneficiary, but also face fines and even imprisonment if found guilty.

How do I check to see if someone is using my Social Security number?

If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).

How do I lock my SSN?

If you know your Social Security information has been compromised, you can request to Block Electronic Access. This is done by calling our National 800 number (Toll Free 1-800-772-1213 or at our TTY number at 1-800-325-0778).

Can a power of attorney transfer money to themselves?

Attorneys can even make payments to themselves. However, as with all other payments they must be in the best interests of the donor. This can be difficult to determine and may cause a conflict of interests between the interests of an Attorney and the best interests of their donor.

What are the 3 types of power of attorney?

Different Types Of POAsSpecific Power Of Attorney. A specific power of attorney is the simplest power of attorney. ... General Power Of Attorney. A general power of attorney is used to give a very broad term of use to the attorney. ... Enduring Power Of Attorney. ... Durable Power Of Attorney.

What's the difference between power of attorney and payee?

Being an authorized representative, having power of attorney, or a joint bank account with the beneficiary is not the same as being a payee. These arrangements do not give legal authority to negotiate and manage a beneficiary's Social Security and/or SSI benefits.

Does SSI track your spending?

A special note about SSI beneficiaries We don't count all resources; however, some items you buy could cause the beneficiary to lose their SSI benefits. Any money you don't spend could also count as a resource. Check with us before making major purchases for an SSI beneficiary.

Can a rep payee withhold money?

Your Representative Payee Cannot Withhold Funds as Punishment. The funds in a beneficiary's account are to be used for the beneficiary only. Period. The representative payee cannot make decisions about the funds that are not in the best interests of the beneficiary.

What is considered misuse of SSI?

Misuse occurs when a representative payee converts Social Security and/or SSI payments for purposes other than the “use and benefit” of the beneficiary or for certain legal dependents of the beneficiary after the beneficiary's current and reasonably foreseeable needs are met as explained in 1617.2.

Lee Alan Thompson

Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.

Daniel M. Luisi Esq

No! Don't give your social. He doesn't need that to start a divorce proceeding against you. And don't sign any affidavit of defendant. Please talk to a lawyer before you have any other communication with your husband's lawyer.

How to comply with SSN disclosure laws?

To comply with the requirements of such state SSN disclosure laws, covered entities may need to consider modifying aspects of their operations. For example, changes may include (1) creation of alternate identification numbers for individuals; (2) reprogramming of computer systems to replace references to SSNs with alternative identifiers; (3) removal of SSNs from identification cards; or (4) removal of SSNs from correspondence, claims forms and statements. In addition, covered entities may wish to evaluate their use of SSNs to ensure that they are consistent with the requirements imposed by the various state SSN disclosure laws. The Office of Privacy Protection within the California Department of Consumer Affairs (“Office of Privacy Protection”) has published recommended practices for complying with the law. [40] In particular, the Office of Privacy Protection recommends that entities reduce their efforts to collect SSNs; provide information to individuals when SSNs are collected explaining the purpose, the intended use, whether the SSN must be provided, and the consequences of failing to provide the SSN; eliminate the public display of SSNs; control access to SSNs; protect SSNs with appropriate security measures; and implement accountability procedures to monitor the handling of SSNs. [41]

What is the SSN disclosure law?

A majority of the state SSN disclosure laws include some exceptions for the use of SSNs. For example, the California law provides an exception for documents that are required to be open to the public pursuant to other specified provisions of California law or records that are required by statute, case law, or California Rule of Court, to be made available to the public by certain entities under the California constitution. [27] Moreover, the California SSN disclosure law does not prevent the collection, use or release of SSNs as required by state or federal law or the use of SSNs for internal verification or administrative purposes. [28]

How many sequential digits of SSN are required for Michigan?

Under the Michigan law, an entity may use more than four sequential digits of the SSN as the primary account number or include the SSN on any information mailed to a person if the use is for an administrative purpose in the ordinary course of business to: Verify an individual’s identity, identify an individual, ...

Does California have a SSN disclosure law?

Moreover, the California SSN disclosure law does not prevent the collection, use or release of SSNs as required by state or federal law or the use of SSNs for internal verification or administrative purposes. [28]

Does Maryland allow SSNs?

Unlike the California SSN disclosure law, which does not specifically reference the transmission of SSNs via electronic mail or facsimile, the Maryland law [21] specifically prohibits the inclusion of an individual’s SSN on any material that is electronically transmitted or transmitted by facsimile to the individual.

What is SSAN in New York?

The New York law applies to a “Social Security Account Number” (“SSAN”), which is defined as “includ [ing] the number issued by the federal Social Security Administration and any number derived from such number. Such term shall not include any number that has been encrypted.”. [17] Therefore, in order to reduce the risk ...

Does the SSN have to be redacted?

The state SSN disclosure laws typically do not define the term “Social Security number” and thus do not specifically address whether the law applies to the use of the entire SSN, or to truncated or redacted numbers. Some states laws, however, include specific language regarding truncated or redacted numbers, even though those laws do not define a “Social Security number.” For example, the SSN disclosure laws of Hawaii [9] and New Mexico [10] specify that the prohibitions apply to the use of the “entire” SSN, while the Arizona, [11] Michigan, [12] Nebraska, [13] New Jersey, [14] North Carolina, [15] and Vermont [16] laws specifically permit the use of truncated or redacted numbers. In this regard, the New York SSN disclosure law appears to be the most stringent. The New York law applies to a “Social Security Account Number” (“SSAN”), which is defined as “includ [ing] the number issued by the federal Social Security Administration and any number derived from such number. Such term shall not include any number that has been encrypted.” [17] Therefore, in order to reduce the risk of making disclosures barred by the New York law, an entity might consider employing an alternative identification number which replaces, but is not derived from, the individual’s SSN.

James Zhidun Zhou

I typically ask for social security numbers as well in my consultations regarding bankruptcies but not for criminal defense or civil litigation work. So it depends on what your consultation is for. Social security numbers are necessary when filing for bankruptcy or in other types of legal representation.

Matthew Scott Berkus

Maybe it is a way for the attorney to determine who is serious about the services he or she offers. As has been pointed out, depending on the nature of issue at hand, the SSN may be necessary for the attorney to gather the necessary background to actually help you.

Paula Brown Sinclair

Without knowing the general nature of your legal concern and reason for the consultation, it is not possible to be definite. For some areas of law, the number can be essential. For instance, the number is needed up front for the disability case reviews I do because I obtain claim files from Social Security.

What is disclosure of social security number?

Any component which requests an individual to disclose his or her social security account number shall inform that individual whether: (1) Disclosure is mandatory or voluntary. (2) By what statutory or other authority such number is solicited, and. (3) What uses will be made of it.

Can an individual be denied a social security number?

An individual shall not be denied any right, benefit, or privilege provided by law by a component because of such individual 's refusal to disclose his social security number.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

Why is my disability denied?

This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application.

Is an attorney always user friendly?

However, the application is not always user-friendly, and in addition the applicant needs to provide a lot of information and documentation that they may find hard to uncover. That is when the attorney can assist the applicant and move the process ahead.

When did Social Security start?

Social Security is a program that was started in 1935 to provide income for the elderly when they reached the age of retirement and were no longer in the workforce. Up until 1935, most of those not working due to their age had to use individual savings, state or local programs, or assistance from family members.

Can an attorney anticipate an appeal?

Your attorney will also be able to anticipate the need for an appeal, and they will be ready to work on the case until you have the compensation that you deserve.

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