Mom's birth certificate says Tracy Ann Smith. Her Social Security card says Ann Tracy Smith. Is this a problem?

[ComputerHelp69]

I'm posting this here because often times there are some really good responses. Perhaps someone else has had the same problem. Names changed to protect the embarrassed.

The name on my 86 year-old mom's birth certificate says Tracy Ann Smith, while her social security card (and everything else) says Ann Tracy Smith.

She was born in rural Virginia in the late 1930's and didn't get her social security card until she was 16, by which time she went by Ann Tracy Smith. So that's what she put on her social security application, and they accepted it! I've read that this was a fairly common practice.

How big of an issue is this, and how would I go about correcting it? Do I need to? Is there some legal form to indicate AKA's (Affidavit of Name Change?), or perhaps she needs to change her name (birth certificate) legally to Tracy Ann Smith?

She's gone through life without any issues. I'm thinking of what trouble this might be if she applies for Medicaid someday for long-term care. The Medicaid application process requires a birth certificate.

What type of lawyer would I need for this? Any feedback appreciated!

[HomeStretch]

If your main concern with the birth certificate is a potential future Medicaid filing, try calling an elder law attorney’s office that handles Medicaid applications in your mom’s state to ask the question. You may get lucky and they will answer the question by phone perhaps for free rather than having to go in for a consultation.

[Mike Scott]

Start with a phone call to SS. You don't need a lawyer.

[twh]

I wouldn't do anything. My mother's SS has her maiden name as her middle name and that was never her legal name. Not sure how that happened, but a long as everything is working, I wouldn't mess with it for fear it will get screwed up.

[pizzy]

I'm posting this here because often times there are some really good responses. Perhaps someone else has had the same problem. Names changed to protect the embarrassed.

The name on my 86 year-old mom's birth certificate says Tracy Ann Smith, while her social security card (and everything else) says Ann Tracy Smith.

She was born in rural Virginia in the late 1930's and didn't get her social security card until she was 16, by which time she went by Ann Tracy Smith. So that's what she put on her social security application, and they accepted it! I've read that this was a fairly common practice.

How big of an issue is this, and how would I go about correcting it? Do I need to? Is there some legal form to indicate AKA's (Affidavit of Name Change?), or perhaps she needs to change her name (birth certificate) legally to Tracy Ann Smith?

She's gone through life without any issues. I'm thinking of what trouble this might be if she applies for Medicaid someday for long-term care. The Medicaid application process requires a birth certificate.

What type of lawyer would I need for this? Any feedback appreciated!

She made it to 86 just fine... sit this one out.

I'd wager you'd end up doing more harm than good.

[ComputerHelp69]

Start with a phone call to SS. You don't need a lawyer.

To be clear, I'm hoping to address this as something other than a Social Security issue. With few exceptions, once you have a Social Security card and number, pretty much everything in life uses this rather than a birth certificate. This isn't the case if she ever needs to apply for long-term care from Medicaid. They require a birth certificate, which wouldn't match the name on the social security.

Fixing it from the social security side of things would require correcting everything else that ever required the social security number. Which is pretty much everything.

Thanks for the responses so far.

[GaryA505]

Start with a phone call to SS. You don't need a lawyer.

To be clear, I'm hoping to address this as something other than a Social Security issue. With few exceptions, once you have a Social Security card and number, pretty much everything in life uses this rather than a birth certificate. This isn't the case if she ever needs to apply for long-term care from Medicaid. They require a birth certificate, which wouldn't match the name on the social security.

Fixing it from the social security side of things would require correcting everything else that ever required the social security number. Which is pretty much everything.

Thanks for the responses so far.

Just a thought, and I don't even know if this is possible - the easiest path may be to get the BC corrected, if the state allows it.

[Enzian]

Is it possible there was a legal name change along the way? Marriage certificate, divorce decree?

[ComputerHelp69]

Start with a phone call to SS. You don't need a lawyer.

To be clear, I'm hoping to address this as something other than a Social Security issue. With few exceptions, once you have a Social Security card and number, pretty much everything in life uses this rather than a birth certificate. This isn't the case if she ever needs to apply for long-term care from Medicaid. They require a birth certificate, which wouldn't match the name on the social security.

Fixing it from the social security side of things would require correcting everything else that ever required the social security number. Which is pretty much everything.

Thanks for the responses so far.

Just a thought, and I don't even know if this is possible - the easiest path may be to get the BC corrected, if the state allows it.

Hi Gary.

That was my thought too. But then I wondered whether one can really change the name on their birth certificate (in this situation), especially 86 years later.

[bsteiner]

I don't do Medicaid planning, but many people find when they get their birth certificate that it shows a name different from the name they've always used.

[niagara_guy]

I had a relative who's name on his birth certificate was John Paul Jones (made this up), but he went by Paul J Jones but never legally changed his name. Everything he signed was done as Paul J Jones, his home was purchased and owned with this name, when he passed there were no issues that I am aware of. I assume his Social Security was done with Paul J Jones as well.

Of course this might vary by state.

[ComputerHelp69]

Is it possible there was a legal name change along the way? Marriage certificate, divorce decree?

She was born Tracy Ann Smith. The name change occurred when she put Ann Tracy Smith on her social security application when she was 16 to get her first job. Obviously nobody caught the name switch or this passed as acceptable in rural Virginia.

She was never divorced, and she was married some years later, using the name from the social security card (Ann Tracy Smith).

[leeks]

I don't think you should do anything about your mom's names on those documents unless it becomes an issue for something.

However, please replace her actual name (if that is her actual name) with a fake set of names in your post.

Because if your mom's name is disclosed, someone could use that to identify you and possible connect the dots to any financial information you may have disclosed in other posts.

[littlebird]

My late spouse’s parents couldn’t agree on a name for him until long after it was time to file his birth certificate. Therefore, his birth certificate says merely ”Baby Boy Byrd”. This was never an issue; he was even allowed to procure a marriage license and a passport ( pre-911) with this certificate. The only problem arose when applying for Social Security. He was required to show his b.c..and it was not accepted. He was given a list of acceptable proofs, one of which was an affidavit from someone who has known him his entire life. Fortunately his (younger) sister was alive and even though she didn’t know him from the moment of his birth, her affidavit was accepted.

I would, if I were you, wait until it becomes an issue - and a mere transposition of first and middle names may never become one - and deal with it then.

[ComputerHelp69]

I don't think you should do anything about your mom's names on those documents unless it becomes an issue for something.

However, please replace her actual name (if that is her actual name) with a fake set of names in your post.

Because if your mom's name is disclosed, someone could use that to identify you and possible connect the dots to any financial information you may have disclosed in other posts.

The concern is that if there is a problem at a criticial point when long-term care could be needed, it would be a costly mistake to have sat on it. She's still healthy and doing well but you never know when that will change.

Regarding ID theft, as mentiond in the original post, "Names changed to protect the embarrassed"

Thanks for looking out for us though.

[lstone19]

I'm a big believer in don't mess with what works. While not quite the same, one of the things you hear over and over is that for air travel, your name on the ticket must match your ID EXACTLY or unspeakable horrors will ensue. Well, as a retired airline employee, my name (and my wife's and son's) for tickets come from the employee/dependent database and has always been LAST/FIRSTM (just middle initial and airline ticketing systems do not support spaces in names so first and middle or middle initial are always run together). Our passports and NEXUS cards have our full middle names. Despite the names not matching exactly, we are all 100% for getting pre-check since first getting Global Entry almost ten years ago. Lots of people say we need to get things fixed or else but we're still waiting for those unspeakable horrors to occur and not changing anything until there's a problem as I've found an unnecessary change is more likely to cause a problem than prevent one.

[CRC_Volunteer]

DW's name is hyphenated on her DL and Passport. However Social Security/Medicare, Airlines, Private Health Insurance, and others do not allow for hyphenated names within their system. Even Vanguard does not allow it when giving DW Full Agent Authorization. We have dealt with this mess for 36 years.

[cchrissyy]

i don't think you have anything to worry about.
surely if you end up dealing with the medicaid people this is common enough they have seen it before.
it might be as simple as providing them an extra document or signing an extra statement.

[typical.investor]

DW's name is hyphenated on her DL and Passport. However Social Security/Medicare, Airlines, Private Health Insurance, and others do not allow for hyphenated names within their system. Even Vanguard does not allow it when giving DW Full Agent Authorization. We have dealt with this mess for 36 years.

I've had a hyphenated last name on my Social Security card for over a decade now. But I agree the number of system that it baffles is immensely annoying.

[123]

In respect to many things the name that is on her driver's license or state iD card is what is regarded as her legal name (could vary by state). Another possible name source is her voter registration. Flipping first and middle name is no big deal.

What name is on her Medicare card? That's likely the best record of the name that Social Security currently uses for her.

When I've had to made funeral arrangements the funeral home wanted to use the exact name on the state id as the name on the death certificate. Seemed reasonable.

[Outer Marker]

I wouldn't worry about it. You can't change her birth certificate, because that was the name given to her at birth. You could go through the process to legally change here birth name to the one she's used her entire life, but it if hasn't caused a problem until now, not likely going forward. She's presumably already on Social Security and Medicare, has state ID, etc. No need to put her through the stress and hassle. I found out very late in her life that my mom had "unofficially" changed here name from "Joan" to "Joanne" when getting a passport for her last trip. Wasn't a problem.

[exigent]

It seems like this would be the point of everyone having unique SSNs... I.e., so there will be no name-related ambiguity. I admittedly have no real knowledge on the subject, but if the flip-flopping of first/middle name creates issues when everyone has an actual, entirely unique number assigned to them... Well, then that seems like the least of our worries.

[Adam11]

…
The name on my 86 year-old mom's birth certificate says Tracy Ann Smith, while her social security card (and everything else) says Ann Tracy Smith.
…

She made it to 86 just fine... sit this one out.

I'd wager you'd end up doing more harm than good.

Agreed. Let it be. She’ll be Ms. Smith to everyone from here on out anyways. It’s quite simple to change your legal last name (marriage, divorce, adoption, etc.), but changing your legal first name is a whole other story. My wife, Carly Sue Smith, wanted her full legal name to become CarlySue Smith Jackson after our wedding. Upon seeing the lawyer’s fee, excessive paperwork, and court visit that was required to make it happen, the Sue simply disappeared.

[tomd37]

The only possible problem I can see is when she passes; the funeral home will report her death to the Social Security Administration using the name that is on her SS card and records. Not sure what name will appear on the death certificate and how that name relates to the birth certificate name.

[CRC_Volunteer]

DW's name is hyphenated on her DL and Passport. However Social Security/Medicare, Airlines, Private Health Insurance, and others do not allow for hyphenated names within their system. Even Vanguard does not allow it when giving DW Full Agent Authorization. We have dealt with this mess for 36 years.

I've had a hyphenated last name on my Social Security card for over a decade now. But I agree the number of system that it baffles is immensely annoying.

Back in the 1980's (when DW changed her name), the application systems were not equipped to handle hyphenated names. However the State and Local systems have been upgraded. The health insurance and airlines still cannot handle it. Her DL and voter registration card now reflect her last name properly.

Showing her passport makes the changes a little bit easier.

[Enzian]

Is it possible there was a legal name change along the way? Marriage certificate, divorce decree?

She was born Tracy Ann Smith. The name change occurred when she put Ann Tracy Smith on her social security application when she was 16 to get her first job. Obviously nobody caught the name switch or this passed as acceptable in rural Virginia.

She was never divorced, and she was married some years later, using the name from the social security card (Ann Tracy Smith).

Then in the eyes of Social Security you have no issue. “In general, a US born person’s legal name is the name shown on his or her U.S. birth certificate . . . Unless the person’s name has changed based on certain events, such as a marriage[.]” If the name is questioned, producing the marriage certificate should suffice.

secure.ssa.gov/poms.nsf/lnx /0110212001

[Duckinator]

My original birth certificate is correct. At one point about 10 years ago I was not able to locate it and merely got a new one at the county office. About 5 years later I noticed the new one incorrectly said I was female. I finally located the original. It was relatively easy to have the record corrected as the state office also located the original on microfiche. The county ladies got a good chuckle at what might have to occur if the original was not located.

Point is I suggest going to your local government and inquire what would be involved in getting the birth certificate changed - you don't have to proceed. Perhaps it would involve a legal name change process. SS should not be involved.

[WillRetire]

Leave the birth certificate alone. Work with Social Security administration to change/correct the name on the social security card. Women who change their names when they marry do this all the time without impacting their social security benefits.

[Enzian]

Leave the birth certificate alone. Work with Social Security administration to change/correct the name on the social security card. Women who change their names when they marry do this all the time without impacting their social security benefits.

Why change the name she’s gone by for decades? It matches her Social Security card. It matches her marriage certificate.

[Katietsu]

My grandmother ended up in this situation unknowingly. She was given the name Mary Louise Jones by her parents and this was placed on her birth certificate. But to avoid confusion with another family member named Mary, everyone called her Louise. She went through her life as Louise. Her social security card, marriage license, deed, W-2s and even her children’s birth certificates list her name as Louise. In her sixties, she prepared to apply for retirement and social security. This is when she discovered that she had a different name on her birth certificate. She legally changed her name on her birth certificate.

The procedure to do this is state dependent. I am aware of how it works in two different states. In one, it is hard to do without a lawyer. In the other, the paperwork is pretty simple, the cost can be less than $50 and dedicate a morning a month in each county’s court.

I am surprised this did not come up when she applied for social security. I do not know if it is easiest for you to address this proactively or if it would be better just to let it go. But I can confirm your thought process that changing the birth certificate now is a possible approach.

[BarbBrooklyn]

Using myself as an example: my birth certificate states "Brooklyn Leatrice Jones". Used that name on first SS card.

Got married. Became Brooklyn Jones. Got divorced. Kept Brooklyn Jones.

Got married again. Became Brooklyn Jones-Smith. Changed SS card.

My point is, none of this agrees with my birth certificate. Marriage license is a legal source of name change.

[IowaFarmBoy]

I'm leaning toward it it has worked this long, I wouldn't worry about it.

A story- we couldn't successfully register my wife for her online SS account when she turned 62. We kept getting kicked out, we visited the local office and they reset things but it never worked. Finally a sharp-eyed SS employee realized that someone had misspelled our last name when she had it changed when we got married 40 years ago. Her paper card had it typed out correctly but their database was wrong. They fixed the spelling in the database and creating her account flew right through.

[wolf359]

Does she still live in Virginia? Does she have a drivers license anymore? Does she have a need for a passport? Does she already have either of those?

Virginia switched to RealID in which they validate against Social Security and your birth certificate. Obtaining a passport might also require those sources of identity.

I don't know about Medicaid, but Passports can sometimes substitute for birth certificate or SS card to prove citizenship. If she already has those, then it isn't a problem. If she doesn't need those anymore, then the only potential problem is the Medicaid application.

[donall]

One of my friends has a different first name on their Social Security card, license, and birth certificate. The Social Security card has Joe, license and passport has Joseph, and birth certificate has a long name that starts with J. The only problem has been when a new part D Medicare provider would not fill his prescriptions unless the name on his medical records matched his Social Security and Medicare cards. I think that necessitated changing his name at health provider offices.

Changing a birth certificate may not be difficult, as numerous birth certificates have misspellings. It’s worth investigating if changing the birth certificate could be easily done just in case you would need to do this. The changed birth certificates I have seen list the original name crossed out with the new name.

[legalwriter1]

Lawyer here. For legal documents (e.g. deeds, power of attorney, trust, will), I often put "also known as" for other names.

[lstone19]

I don't know about Medicaid, but Passports can sometimes substitute for birth certificate or SS card to prove citizenship.

More correct to say birth certificates can sometimes substitute for passports to prove citizenship. A passport is the gold standard to prove citizenship as well as serve as an identity document.

[feehater]

My step-grandmother had three names and then was married twice and used both those names at different times. When she died, there was one brokerage/bank type place that wouldn’t deal with her executor because there was one middle initial that was off from what they had. I think it took almost a year and the involvement of a lawyer to get the funds released. But this was not a governmental organization like you’re worried about.

[anon_investor]

Lawyer here. For legal documents (e.g. deeds, power of attorney, trust, will), I often put "also known as" for other names.

That is how the probate filing was done for a relative's estate where I served as the executor.

[ComputerHelp69]

Does she still live in Virginia? Does she have a drivers license anymore? Does she have a need for a passport? Does she already have either of those?

Virginia switched to RealID in which they validate against Social Security and your birth certificate. Obtaining a passport might also require those sources of identity.

I don't know about Medicaid, but Passports can sometimes substitute for birth certificate or SS card to prove citizenship. If she already has those, then it isn't a problem. If she doesn't need those anymore, then the only potential problem is the Medicaid application.

She does not still live in Virgnia. She lives in the Midwest. She never had a driver's license or a passport, just a state ID.

I looked at a passport application the day before yesterday. Section C1 (Name) says "the name to appear in the passport should be consistent with your proof of citizenship (birth certificate) and identification (driver's license)."

So I'm not sure she could even get a passport at this point. She does not have a need for one other than if it could help otherwise solve this issue. According to the passport form, a social security card isn't used to prove citizenship. There's no mention of it as acceptable.

[ComputerHelp69]

Lawyer here. For legal documents (e.g. deeds, power of attorney, trust, will), I often put "also known as" for other names.

I'm guessing you can't do that on a birth certificate or social security card though.

[lstone19]

So I'm not sure she could even get a passport at this point. She does not have a need for one other than if it could help otherwise solve this issue. According to the passport form, a social security card isn't used to prove citizenship. There's no mention of it as acceptable.

No, it is not. If you look at the I-9, the form we all need to complete before starting employment, an SS card is proof of right to work in the U.S. but not of identity (and therefore not of citizenship). For the I-9, you need to show both proof of identity and of right to work in the U.S. or one that does both. A passport does both, a driver's license the former, and an SS card the latter.

[ComputerHelp69]

My grandmother ended up in this situation unknowingly. She was given the name Mary Louise Jones by her parents and this was placed on her birth certificate. But to avoid confusion with another family member named Mary, everyone called her Louise. She went through her life as Louise. Her social security card, marriage license, deed, W-2s and even her children’s birth certificates list her name as Louise. In her sixties, she prepared to apply for retirement and social security. This is when she discovered that she had a different name on her birth certificate. She legally changed her name on her birth certificate.

The procedure to do this is state dependent. I am aware of how it works in two different states. In one, it is hard to do without a lawyer. In the other, the paperwork is pretty simple, the cost can be less than $50 and dedicate a morning a month in each county’s court.

I am surprised this did not come up when she applied for social security. I do not know if it is easiest for you to address this proactively or if it would be better just to let it go. But I can confirm your thought process that changing the birth certificate now is a possible approach.

Thanks for your story. Can you explain what you mean by "dedicate a morning a month in each county's court" ? I assume you mean she had to appear in court in two different locations? What do you mean by "a month" ?

[Katietsu]

Thanks for your story. Can you explain what you mean by "dedicate a morning a month in each county's court" ? I assume you mean she had to appear in court in two different locations? What do you mean by "a month" ?

Sorry for not being clear. I just meant that once a month, the county court would process all the name changes at the same time. I think they did like 20 name changes in 2 hours when I was there. But I would guess each state does it their own way.

[BarbBrooklyn]

Considering that you are concerned about the LTC Medicaid process +which can be daunting, and is quite state specific) might it not be a good thing to get a consult now?

I had a consult with an Elder Law attorney last year; I learned loads of stuff that relieved a great deal of anxiety. Cost me $500 for an initial consult. Consider this.

[wolf359]

Does she still live in Virginia? Does she have a drivers license anymore? Does she have a need for a passport? Does she already have either of those?

Virginia switched to RealID in which they validate against Social Security and your birth certificate. Obtaining a passport might also require those sources of identity.

I don't know about Medicaid, but Passports can sometimes substitute for birth certificate or SS card to prove citizenship. If she already has those, then it isn't a problem. If she doesn't need those anymore, then the only potential problem is the Medicaid application.

She does not still live in Virgnia. She lives in the Midwest. She never had a driver's license or a passport, just a state ID.

I looked at a passport application the day before yesterday. Section C1 (Name) says "the name to appear in the passport should be consistent with your proof of citizenship (birth certificate) and identification (driver's license)."

So I'm not sure she could even get a passport at this point. She does not have a need for one other than if it could help otherwise solve this issue. According to the passport form, a social security card isn't used to prove citizenship. There's no mention of it as acceptable.

So other potential problems besides Medicaid she might have are getting a RealID Driver's license, flying on a plane after May 2025 (need RealID or passport, but they keep extending that date), and travelling outside the country (needs a passport).

As you stated, none of these may be issues.

[Church Lady]

Sometimes, my Dad, Charles Windsor (not his real name ), went by Charles Windsor. Other times, he went by Charles Windsor, Jr.

This was not a problem when he lived, but when he died and my mother tried to cash in his investment accounts, she had a problem. The name on some accounts "Didn't match" the name on the death certificate!

I was astounded a minor thing like Jr versus no Jr could hold up a widow's claim, but it did. She complained bitterly at the time. Let's just say she wasn't speaking respectfully of the dead! I don't know how or whether she ever solved it. I can't ask her now without a seance .

One hates to be mercenary with a parent, and it's morbid to be thinking of such things. But, you might look into how her assets such as accounts, real estate, etc are registered so you have correct information for the death certificate.

Just saying! May she live a hundred years and spend all her money on fun things so you don't have to worry about it!

[Big Dog]

Start with a phone call to SS. You don't need a lawyer.

To be clear, I'm hoping to address this as something other than a Social Security issue. With few exceptions, once you have a Social Security card and number, pretty much everything in life uses this rather than a birth certificate. This isn't the case if she ever needs to apply for long-term care from Medicaid. They require a birth certificate, which wouldn't match the name on the social security.

Fixing it from the social security side of things would require correcting everything else that ever required the social security number. Which is pretty much everything.

Thanks for the responses so far.

I guess I don't understand this. What is 'everything' that would need to be corrected? Can you provide some examples?

(By law, SSN is only approved for ID use by federal/state/local government for benefits, so companies have been getting away from it. I'm sure her cable company does not care as long as he pays her bill.)

[lstone19]

Sometimes, my Dad, Charles Windsor (not his real name ), went by Charles Windsor. Other times, he went by Charles Windsor, Jr.

This was not a problem when he lived, but when he died and my mother tried to cash in his investment accounts, she had a problem. The name on some accounts "Didn't match" the name on the death certificate!

Historically, generational suffixes were relative to living older relatives. If there was Charles Windsor (who was never Sr.), Charles Windsor Jr., and Charles Windsor III, upon the death of Charles Windsor, Charles Windsor Jr. became Charles Windsor and Charles Windsor III became Charles Windsor Jr.

Sadly, things have morphed to the point that people think a generational suffix is part of your legal last name as evidenced by all the sports players with names like Smith Jr. and Jones III on their jerseys.

[ComputerHelp69]

Start with a phone call to SS. You don't need a lawyer.

To be clear, I'm hoping to address this as something other than a Social Security issue. With few exceptions, once you have a Social Security card and number, pretty much everything in life uses this rather than a birth certificate. This isn't the case if she ever needs to apply for long-term care from Medicaid. They require a birth certificate, which wouldn't match the name on the social security.

Fixing it from the social security side of things would require correcting everything else that ever required the social security number. Which is pretty much everything.

Thanks for the responses so far.

I guess I don't understand this. What is 'everything' that would need to be corrected? Can you provide some examples?

(By law, SSN is only approved for ID use by federal/state/local government for benefits, so companies have been getting away from it. I'm sure her cable company does not care as long as he pays her bill.)

If companies have been getting away from it, that's news to me. Everyone wants your social security number.

Just that I'm aware of at the moment... her Fidelity IRA, MetLife policies, her local bank account, state ID, land trust including the W-9's, property tax assessment freeze, her credit card company.

[stan1]

This is definitely one where I'd worry any attempted fix could make this worse than the problem at hand.

Tracy Ann Smith vs. Ann Tracy Smith is going to have ample precedent. Some forms may even ask if she has ever used another name and you list the other ordering along with any maiden or married names.