Domestic Violence Victims are Eligible for New Social Security Numbers

By Tavia Vitkauskas, Fort Bliss Legal Assistance Office 

In the past few years, awareness has increased regarding the challenges faced by victims of domestic violence. This is demonstrated in a 2021 policy change by the Social Security Administration which makes it easier for victims of domestic violence to establish a new identity and/or receive a new Social Security number. This procedure for DV victims was first established in 1997 but was rarely used due to the difficulty of meeting the requirements. Previously, victims had to prove that their abuser was misusing their SSN.

In 2021, the procedure was modified to make a victim eligible for a new SSN if they could produce evidence documenting harassment, abuse, or life endangerment. This new policy is an attempt to provide greater safety to DV victims by ensuring they can get the documentation necessary to maintain safety and distance from their abuser.

Requesting a new SSN is a big decision as it will change the victim’s relationship with government agencies and employers. The victim’s financial, medical, educational, and employment records will remain under the prior SSN. There will be times when the victim will need both their old and new SSNs. For instance, an employer will need both SSNs to complete a background check.

Despite these implications, receiving a new SSN is an essential step for a victim to ensure their safety. Having a new SSN will protect the victim from financial abuse because the abuser will not be able to get credit or credit cards in the victim’s name without the new SSN. Additionally, the abuser may be persistent in trying to locate their victim using their SSN. SSNs can be used to locate victims through medical and employment records, court documents, and other sources where SSNs are used for identification. Therefore, receiving a new SSN can protect a victim from further abuse and help them start over with a new identity.

To apply for a new SSN the victim must go in person to a Social Security office and complete a statement that provides the reason for needing a new SSN as well as an application for a new SSN. The victim must provide evidence of the harassment, abuse, or life endangerment, and evidence of name change if applicable, current SSN, U.S. citizenship or work-authorized immigration status, age, and identity. The new policy allows a victim to prove their eligibility for a new SSN via third-party evidence of abuse. The strongest evidence comes from impartial third parties such as police officers or medical professionals who can describe the nature and extent of domestic violence. Other acceptable evidence can include military or civilian protection orders, letters from district attorneys, victim advocates, social workers, counselors, DV shelters, friends, family, or anyone else with direct knowledge of the abuse.

To prove their U.S. citizenship, the victim must show a U.S. birth certificate or a U.S. passport. To prove a work-authorized immigration status, the victim must show a current immigration document. Acceptable immigration documents include an I-94 Arrival/ Departure Record showing admission permitting work or an I-766 Employment Authorization Document. If the victim is on an F-1 or M-1 student visa, then they must also produce their I-20 Certificate of Eligibility for Nonimmigrant Student Status. Alternatively, if the victim is on a J-1 or J-2 visa, then they must produce their DS-2019 Certificate of Eligibility for Exchange Visitor Status.

Age verification needs to be done using their U.S. birth certificate if they have it. If a birth certificate cannot be located the Social Security Administration may accept a religious record issued before age five that indicates the date of birth, a U.S. hospital record of birth, or a U.S. passport or passport card. If the victim was born abroad, they should present their foreign birth certificate. If that cannot be obtained, the Social Security Administration may accept a foreign passport, I-551 Permanent Resident Card, or other immigration documents.

To prove their identity, the victim must provide a current document that includes their name, identifying information, and a recent photograph. For a U.S. citizen, the preferred documents are a U.S. driver’s license, U.S. state-issued identification card, or a U.S. passport. Other acceptable documents include an employee identification card, school identification card, or U.S. military identification card. Non-citizen victims’ can use their U.S. immigration documents to prove their identity. If the victim changed their name, they will have to show proof of identity under both their former and current names.

While not required, it is recommended for a victim to change their name before applying for a new SSN. This is especially important if the victim has a unique name that the abuser can easily trace. By electing to change their name, the victim is making a decision that will best protect their identity as they seek to evade their abuser. If the victim decides to change their name, it must be completed before applying for a new SSN so that the number can be associated with the new name. To prove a legal name change, the victim must provide a court order approved legal name change document. The name on this document must match the name on the application for a new SSN. If the victim elects not to change their name, then they will only need proof of their current name.

If the victim has children, it is advisable to apply for the children to receive new SSNs as well. This is because abusers may attempt to track down the victim through the children’s school records or medical records. To apply for new SSNs on behalf of children, the victim will need all the above-mentioned documents and documentation proving that the victim has sole custody of the children. If the victim has sole custody of the children, then the children are eligible for new SSNs without any additional evidence of abuse.

All these required documents must be originals or certified copies. Some documents may be used for more than one purpose. For example, a U.S. birth certificate can be used to prove both the victim’s age and the victim’s citizenship. The victim, however, must be able to provide a minimum of two distinct documents.

While this new policy recognizes the challenges that are faced by the victims of domestic violence, it should be noted that changing SSNs is a slow process. In addition to applying for new SSNs, the victim should ensure they have a comprehensive safety plan in place.

For more information or to speak to an attorney on this subject please schedule an appointment with the Fort Bliss Legal Assistance Office. Appointments may be made via email at usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil, or via phone at (915) 568-7141 during business hours.

To contact the Fort Bliss Special Victims Counsel Office, call (202) 834-1645 during business hours or email fort-bliss-svc-intake@army.mil anytime. The Fort Bliss Family Advocacy Program offices are located at 2494 Ricker Road and can be reached at (915) 568-9129. The Fort Bliss Victim Advocate Services office is part of the FAP and their number is (915) 269-2013. The National Domestic Violence Hotline number is 1-800-799-SAFE (7233).