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Social Security No-Match Letters Return

A few weeks ago, the Social Security Administration (SSA) issued its first batch of no-match letters to employers with the expectation that more letters will be sent out in the near future.  These were the first no-match letters to go out to employers since 2007.  The lack of letters over the last few years was the result of ongoing litigation related to the issuance of the no-match regulations that were ultimately withdrawn.  With an end to the litigation, the SSA no-match letters return. 

For those new to HR, the no-match letter is a tool used by the SSA to try and resolve discrepancies when an individual's name and social security number don't match.  The intendend purpose of the letter is for employers and employees to become aware of the problem and resolve it by correcting workplace records or working with the SSA. 

For employers receiving these letters, it is important to handle them with some care.  The receipt of a no-match letter is not intended in any way to signal to an employer that an employee is not authorized to work in the United States.  The no-match letter should set in motion a series of steps designed to confirm employer data being reported to SSA and/or the sending of an employee to visit the local SSA office to resolve any discrepancies.  The bottom line is that employers must balance between taking a course of action that is too aggressive yet ensuring the potential concerns raised by a no-match situation are not simply ignored. 

Information published by the Department of Justice on this topic can be found here


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Don Berner, the Labor Law, OSHA, & Immigration Law Guy
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Boyd Byers, the General Employment Law Guy
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Jason Lacey, the Employee Benefits Guy
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