Legal Question in Social Security Law in California

Name Problem

I've used a last name for 37 years that I never made mine through the courts. It was my son's father's name, and we weren't married. I did it for my son when he was little & after using it through the years, in my mind, it became who I am. It has always been my understanding that this was okay & not illegal. Now, I am applying for SS with this name I've used so long (through all my employers). I always meant to change my name, but, now I think it is too expensive. Not sure what to do. My pension is under this name and this is who I've been for all these years.


Asked on 8/25/08, 3:29 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: Name Problem

This should not be a problem. The Social Security Administration will search based on the earnings records. If the earnings records appear under your name you have used for all of these years, the name and SSA# should be a match. There may be other earnings under the other name and this will trigger Social Security to do an inquiry. You will have an opportunity to explain the situation and you should be ok. Even if you had been legally married, your name would have changed anyway, this is very common for indidviduals who get married and change names. However if you are attempting to get spousal benefits (widows benefits under the fathers name) this could be problematic. What they look for is someone who falsely uses someone elses Social Security number in order to obtain benefits. This does not appear to be the situation here.

Good luck, you may email me directily at:[email protected] if you have any further questions.

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Answered on 9/04/08, 9:26 am


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