A potential incorrect or fraudulent use of an SSN by an individual may be identified by any SSA employee (e.g., Workload Support Units (WSUs), 800# agent, service representative (SR), claims representative (CR)) who comes in contact with an individual whose earnings record and work history is in question and the individual states that they worked and have earnings under another SSN. The identification of these potential situations may occur in certain non-claim and initial claims situations under Title II, XVI, or TXVIII.

WSU’s and 800# agents should follow existing claims lead procedures to refer potential cases to the servicing field office (FO) for necessary action. Annotate “Potential Fraud Case” in the remarks section of the claims lead. 800# agents should not refer potential "Ensign" cases to the WSU or refer the claimant to the Internet.

The determining factor in making a referral to OIG for the incorrect or fraudulent use of a SSN is whether the individual knowingly used a SSN that had not been assigned to them in an attempt to engage in work activity which they were not legally entitled to perform to obtain a right, benefit or privilege to which they were not legally entitled, or to avoid a legally imposed obligation or liability.

The nine digit number used in employment could be made up, owned by another person, or the claimant’s own Individual Taxpayer Identification Number (ITIN) (see RS 01404.250B.2. for definition of ITIN), which is issued by the Internal Revenue Service (IRS). A worker, e.g., a migrant field worker, who used an employer-supplied SSN while in their employ, may not have "knowingly" used the SSN with the implicit intent to commit SSN fraud.

EXCLUSION: A SSN made up of all 000’s. Employers are instructed by IRS to use all zeros when the employer is required to file a wage report and the employee has not yet received a SSN from SSA.

Report all potential Section 208(a) (6) or (7) violations to the Office of the Inspector General. (See GN 04111.010 for instructions on referring cases to the OIG.)

NOTE: Section 208(a) (6) makes it illegal for an individual to knowingly, and with intent to deceive, furnish false information with respect to wage records. Section 208(a)(7) makes it illegal for an individual to obtain Federally-funded benefits, including Title II benefits, or anything of value from any person, by using, with intent to deceive, either an SSN that was obtained with false information or the SSN of another individual, see:Sec. 208. [42 U.S.C. 408]

If a NH is denied Title II retirement or disability benefits due to a conviction involving the wrongful use of an SSN, the determination may be appealed (RS 01404.258, Processing Requests for Earnings Records Corrections After a Disallowance Based on the “Ensign Amendment”)