[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR422.103]

[Page 1068-1070]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 422_ORGANIZATION AND PROCEDURES--Table of Contents
 
                      Subpart B_General Procedures
 
Sec. 422.103  Social security numbers.

    (a) General. The Social Security Administration (SSA) maintains a 
record of the earnings reported for each individual assigned a social 
security number. The individual's name and social security number 
identify the record so that the wages or self-employment income reported 
for or by the individual can be properly posted to the individual's 
record. Additional procedures concerning social security numbers may be 
found in Internal Revenue Service, Department of the Treasury regulation 
26 CFR 31.6011(b)-2.
    (b) Applying for a number--(1) Form SS-5. An individual needing a 
social security number may apply for one by filing a signed form SS-5, 
``Application for A Social Security Number Card,'' at

[[Page 1069]]

any social security office and submitting the required evidence. Upon 
request, the social security office may distribute a quantity of form 
SS-5 applications to labor unions, employers, or other representative 
organizations. An individual outside the United States may apply for a 
social security number card at the Department of Veterans Affairs 
Regional Office, Manila, Philippines, at any U.S. foreign service post, 
or at a U.S. military post outside the United States. (See Sec. 422.106 
for special procedures for filing applications with other government 
agencies.) Additionally, a U.S. resident may apply for a social security 
number for a nonresident dependent when the number is necessary for U.S. 
tax purposes or some other valid reason, the evidence requirements of 
Sec. 422.107 are met, and we determine that a personal interview with 
the dependent is not required. Form SS-5 may be obtained at:
    (i) Any local social security office;
    (ii) The Social Security Administration, 300 N. Greene Street, 
Baltimore, MD 21201;
    (iii) Offices of District Directors of Internal Revenue;
    (iv) U.S. Postal Service offices (except the main office in cities 
having a social security office);
    (v) U.S. Employment Service offices in cities which do not have a 
social security office;
    (vi) The Department of Veterans Affairs Regional Office, Manila, 
Philippines;
    (vii) Any U.S. foreign service post; and
    (viii) U.S. military posts outside the U.S.
    (2) Birth registration document. SSA may enter into an agreement 
with officials of a State, including, for this purpose, the District of 
Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and New York City, 
to establish, as part of the official birth registration process, a 
procedure to assist SSA in assigning social security numbers to newborn 
children. Where an agreement is in effect, a parent, as part of the 
official birth registration process, need not complete a form SS-5 and 
may request that SSA assign a social security number to the newborn 
child.
    (3) Immigration form. SSA may enter into an agreement with the 
Department of State (DOS) and the Immigration and Naturalization Service 
(INS) to assist SSA by collecting enumeration data as part of the 
immigration process. Where an agreement is in effect, an alien need not 
complete a Form SS-5 with SSA and may request, through DOS or INS, as 
part of the immigration process, that SSA assign a social security 
number and issue a social security number card to him/her. Requests for 
SSNs to be assigned via this process will be made on forms provided by 
DOS and INS.
    (c) How numbers are assigned--(1) Request on form SS-5. If the 
applicant has completed a form SS-5, the social security office, the 
Department of Veterans Affairs Regional Office, Manila, Philippines, the 
U.S. foreign service post, or the U.S. military post outside the United 
States that receives the completed form SS-5 will require the applicant 
to furnish documentary evidence, as necessary, to assist SSA in 
establishing the age, U.S. citizenship or alien status, true identity, 
and previously assigned social security number(s), if any, of the 
applicant. A personal interview may be required of the applicant. (See 
Sec. 422.107 for evidence requirements.) After review of the 
documentary evidence, the completed form SS-5 is forwarded or data from 
the SS-5 is transmitted to SSA's central office in Baltimore, Md., where 
the data is electronically screened against SSA's files. If the 
applicant requests evidence to show that he or she has filed an 
application for a social security number card, a receipt or equivalent 
document may be furnished. If the electronic screening or other 
investigation does not disclose a previously assigned number, SSA's 
central office assigns a number and issues a social security number 
card. If investigation discloses a previously assigned number for the 
applicant, a duplicate social security number card is issued.
    (2) Request on birth registration document. Where a parent has 
requested a social security number for a newborn child as part of an 
official birth registration process described in paragraph (b)(2) of 
this section, the State

[[Page 1070]]

vital statistics office will electronically transmit the request to 
SSA's central office in Baltimore, MD, along with the child's name, date 
and place of birth, sex, mother's maiden name, father's name (if shown 
on the birth registration), address of the mother, and birth certificate 
number. This birth registration information received by SSA from the 
State vital statistics office will be used to establish the age, 
identity, and U.S. citizenship of the newborn child. Using this 
information, SSA will assign a number to the child and send the social 
security number card to the child at the mother's address.
    (3) Request on immigration document. Where an alien has requested a 
social security number as part of the immigration process described in 
paragraph (b)(3) of this section, INS will electronically transmit to 
SSA's central office in Baltimore, MD, the data elements collected for 
immigration purposes, by both INS and DOS, that SSA needs to assign the 
alien a social security number along with other data elements as agreed 
upon by SSA and DOS or INS. The data elements received by SSA will be 
used to establish the age, identity, and lawful alien status or 
authority to work of the alien. Using this data, SSA will assign a 
social security number to the alien and send the social security number 
card to him/her at the address the alien provides to DOS or INS (or to 
the sponsoring agency of a refugee, if no personal mailing address is 
available).
    (d) Social security number cards. A person who is assigned a social 
security number will receive a social security number card from SSA 
within a reasonable time after the number has been assigned. (See Sec. 
422.104 regarding the assignment of social security number cards to 
aliens.) Social security number cards are the property of SSA and must 
be returned upon request.
    (e) Replacement of social security number card. In the case of a 
lost or damaged social security number card, a duplicate card bearing 
the same name and number may be issued. In the case of a need to change 
the name on the card, a corrected card bearing the same number and the 
new name may be issued. In both cases, a Form SS-5 must be completed. A 
Form SS-5 can be obtained from any Social Security office or from one of 
the sources noted in paragraph (b) of this section. For evidence 
requirements, see Sec. 422.107.

[55 FR 46664, Nov. 6, 1990, as amended at 63 FR 56554, Oct. 22, 1998]