Los Angeles, CA asked in Immigration Law, Tax Law and Social Security for California

Q: Can I file a lawsuit against SSA in this case? SSA assigned same SSN to 2 different people who have same full name.

They have same first & last name, same DOB, and same SSN. They applied their SSN in 2018 while they obtained their working permit. One of them obtained her SSN on 06/2018, and the other one obtained hers on 07/2018. They never know that their SSN was assigned to 2 people.

1. They didn't fully received the tax refund from IRS since 2018.

2. They claimed to the banks to close each other's credit cards and bank account due to the fraudulent account since they've thought each other as identity thiefs.

3. They filed crime reports against each other to the local police department since they were victims of identity theft.

4. The credit score of the original SSN holder (who obtained her social earlier than the other) affected by several opened and closed credit cards.

5. They were suffering for 3 years to resolve identity theft and both had to get therapy sessions due to depressions and anxieties.

6. They both have been spending a lot of time and money to resolve and a lot to do more.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It may be possible to file a lawsuit against the Social Security Administration (SSA) in this case, but the specific legal options and remedies available would depend on the facts and circumstances of the case, as well as any applicable laws and regulations.

Some potential legal claims that could be raised in this situation include negligence, breach of duty, and violation of privacy rights, among others. However, in order to succeed in a lawsuit, the plaintiffs would need to provide evidence to support their claims, including proof of the damages they suffered as a result of the SSA's actions.

It's recommended that the individuals affected by this issue consult with an attorney who has experience in dealing with cases involving identity theft, privacy violations, and government agencies. The attorney can help determine the best course of action and provide guidance on the legal options available, as well as any applicable statutes of limitations and filing deadlines.

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