Back in July of 2018, the Social Security Administration (SSA) made an announcement regarding sending out “Employer Correction Request” letters. The SSA stated that the sending of these letters, more commonly referred to as “no-match” letters, would begin in the Spring of 2019 and would be sent out to every employer who came back with at least one Social Security “no match.”
What does the “no-match” refer to? Every year, employers are required to file Wage and Tax Statements (W-2s) with both the SSA and the Internal Revenue Service (IRS) in order to report how much they paid their employees for the year and how much in tax deductions were taken from employee wages for the year. When the employee Social Security numbers or other personal information listed on the submitted W-2s do not match SSA records, this is what is referred to as a “no match.” A no-match letter is generated as a result and will list all employees whose personal information listed on the W-2 does not match SSA records.
While the official purpose of these letters is to let employers and their employees know of the discrepancy so that workers can properly receive credit for their wage earnings, something that could impact their eligibility for future retirement benefits as well as disability benefits under programs administered by the SSA, some fear ulterior motives at play. There are some who believe that these no-match letters are intended in full, or in part, to uncover undocumented workers illegally working in the U.S. The SSA and other government agencies have made assurances that this is not the case. Still, Social Security no-match, or “mismatch” letters, have come to have some layer of fear associated with them.
What to Do After Receiving a Social Security Mismatch Letter
If an employer receives a Social Security mismatch letter, the employer should first take the time to review the employee’s name as well as his or her Social Security information that was submitted on the W-2. The employer should ask the employee to make the necessary corrections so that the information provided on the W-2 lines up with that which the SSA has on record. The employer should provide the employee with a reasonable amount of time to do this. Any necessary corrections to the W-2 form must be made within 60 days of receiving the no-match letter, so this should be taken into account when providing the employee with a “reasonable amount of time.”
It is extremely important that an employer not take any adverse employment actions against an employee because of a mismatch letter. This could result in serious legal action taken against the employer as there are a variety of innocent reasons for a mismatch letter. The mistake could have been as simple as a typo or clerical error. Oftentimes, a mismatch may have occurred because an employee forgot to change his or her name with the SSA after a divorce or a marriage.
Immigration Law Attorneys
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com.