An Employer's Guide to Social Security Administration Notices Regarding Employee "No-Match" Situations

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The Social Security Administration (SSA) has general authority and responsibility to maintain reported earnings for individuals and to use those reports to determine entitlement to various benefits. Many employers are familiar with the current litigation pending in the U.S. District Court for the Northern District of California regarding the no-match letters and regulations. (See Littler's December 2007 National ASAP, DHS Appeals No-Match Preliminary Injunction, SSA Forgoes No-Match Letters for 2006, and Updated I-9 Form Must Be Used Beginning December 26, 2007) In August 2007, the Department of Homeland Security (DHS) tried to bootstrap its new Final Rule (See August 2007 ASAP, DHS Publishes Final "Safe-Harbor" Procedures for Employers Who Receive SSA "No-Match" Letters and DHS Notices) by having the SSA send out an announcement with the SSA's annual no-match letters to employees and employers. A TRO and later an injunction regarding the DHS Rule has kept SSA from sending further dual-purpose announcements.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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