Gender on Federal Forms

[mistergutsy]

This may be a repeat post (if so, please guide me in the right direction) but I didn't see anything.

So I'm really confused and maybe someone could shed some light on this for me.
When are you "legally" at least federally speaking your correct gender? When you change it on your birth certificate? I have a court order to state what my gender is but, is that enough? And even more than that, does it even count because I recently moved away from that state? Is it in a sense void now because I don't live there anymore? Or do court orders carry from state to state?

I'm applying for a new social security card and the form asks for your gender (for whatever reason they need to clarify that) and of course I put my desired gender out of habit, but could I get like... (bear with me people and I hope I don't sound ignorant) get "in trouble" for that? When filing my taxes and other federal forms do I HAVE to put my birth gender and when will I no longer have to do that?

I'm just so confused because my gender is changed on my ID and the DMV is a government agency, so "technically" in the eyes of the government I'm my desired gender, right?
You would think with a government issued licence and a court order I should be set regardless of my birth certificate, right? Or is this one of those things that should make sense but some law somewhere says otherwise and I'm, in a sense, screwed?

Anyway, any information would be helpful. I'm going to ask my lawyer all this too, but she's a busy lady and it takes a while for her to get back to me so I thought I would throw my thoughts out there and see if anyone bites.
Thanks all.

[Ann Onymous]

some of the SS offices may make the change when they re-issue the card (it is damned near impossible to get a new number issued), but many here have indicated that proof of surgery was required to get the internal records modified.  I have no idea what they are looking for since mine was changed years ago and without even requiring a court order on the name change.  Getting life in order in a pre-internet and pre-9/11 world definitely made A LOT of things less paperwork-intensive...

Do not fall into the trap, though, of believing that the State action is binding upon a federal entity...the feds realize that States tend not to be uniform in their application of guidelines in this area, and as such, it is not uncommon to have different answers to the same basic issue from the different levels of beauracracy...

[LordKAT]

Your gender for legal forms would be whatever SS has on record. You can modify SS records by having s surgeons letter stating that you have had "irreversible genital surgery". The letter must be on the surgeons/hospital letterhead and contain multiple identifying factors such as date of birth and/or ss number as well as name and address.

[Adio]

To be considered "legally" male by the federal government, your gender marker with Social Security must be changed.  Your DL and birth certificate are state level.  State and federal gender markers don't always match.  Whether you write male or female depends on the level of the agency.

So for federal purposes, you can considered female until your gender marker with SS is changed.  These are the steps according to the SSA website:

To correct or change your gender on Social Security's records, you must:

    * Complete the Application For A Social Security Card (Form SS-5); and
    * Show us documents proving:
          o Gender (such as your birth certificate, or a letter from your surgeon or attending physician stating that the surgeon/physician has completed your sexual reassignment surgery and that you have transitioned to the new gender. All documents must contain enough biographical data, e.g., name, date of birth, to clearly identify the you);
          o Identity; and
          o U.S. citizenship (if you have not previously established your citizenship with us) or immigration status.
    *  Take or mail your completed application and documents to your local Social Security office.  Any documents you mail to us will be returned to you.
    *  All documents must be either originals or copies certified by the issuing agency.  We cannot accept photocopies or notarized copies of documents.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1667

"Sexual reassignment surgery" can be top surgery.  It doesn't have to be bottom/genital surgery.

I don't know whether you would get in "trouble" for writing male or not.  But you would might have no-match letter issues or similar.  As much as it sucks, it is probably necessary for you to put down whatever that agency considers you to be.  At least until you change it with that agency.

[mistergutsy]

Thank you for the helpful answers everyone... It makes sense that State and federal regulate things differently and that they both could have different information. I suppose I'll just have to be patient and wait for top surgery.
Thanks again all...