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Social Security and the gender trigger


Kate Thomas:
This law blog by Dr. Jillian Todd Weiss  discusses the negative effects of a proposed SS regulation will have on TG/TS employees

if/when it gets implemented changing you gender marker will trigger....BIG trouble.

--- Quote ---A proposed new regulation will change Social Security Admin regs from a hassle into a major headache. The proposal states "There are many causes for such a no-match, including clerical error and name changes. But one of the causes is the submission of information for an alien who is not authorized to work in the United States and is using a false SSN or a SSN assigned to someone else. Such a letter may be one of the only indicators to an employer that one of its employees may be an unauthorized alien."

--- End quote ---

Well, the way I see it, the Social Security Administration is doing its part to comply with the real ID act which was approved by congress in 2005.   More problems will arise for transsexual people as this new law is implemented in all states by May of 2008.


Kate Thomas:
I think your right  Tinkerbell. as the blog points the employer must comply and if the proper documentation cannot be produced the transgender person may find themselves out of work until things can be worked out to social security complete satisfaction.
so  line your ducks up in a very neat row, and cross your fingers.


The no match problems with TS and the SSA has been around for years and has nothing to do with the Real-ID Act. Nor does the Real-ID contain much new. It does make the applicant prove they are who they say they are, and that they are a citizen (the nerve).


The author stated that the problems with no matches has been a headache.  With the new proposal you can find yourself out of work or unemployed and facing a mountain of paperwork.  It should be once a no match comes up, the SSA should look into it and possibly contact the person directly.  I recently changed my name at the SSA and they gave me a spiffy new card AND failed to enter any of it into their system.  Talk about a headache and a half now for me.

--- Quote ---Under the proposal, failure to investigate the no-match letter may subject the employer to liability for employment of an illegal alien, unless the employer undertakes a rigorous investigation, including: requiring the employee to confirm that the employer's records are correct and, if they are, require the employee to pursue the matter personally with the relevant agency. Then, if the discrepancy is not immediately resolved, the employees must present to the employer the identity documents necessary to complete a new I-9, except that the employee must use photo documentation not bearing their Social Security number.
--- End quote ---

Due to the state being buttheads about my name change, I would find myself out of a job once this proposal goes through.  The place I work for is already starting their matching updates in preparation for all of the new laws and possible new regulations that appear to be on their way.  If I had not transitioned in place and was living stealth, it would be an absolute nightmare especially since I live in a state where you can be fired for being immoral (ya know life being single and preggers, which happened in 03).


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