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About twenty years ago, I was employed for ca. three years by company which never filed or paid social security taxes.

Frederick, MD |

Company is long gone. Obviously, my social security record is incorrect, and there is no funding for those years. Can anything be done on either problem?

Attorney Answers 3


Sorry to hear of the problem. Unfortunately, the answer is not, there is nothing that can be done noew.

SSA has a limit to correcting earnings records - of 3 yrs, 3 months and 15 days. There are somne exceptions, but for at least the past 10 years or so, SSA has sent everyone a copy of the earnings record. It will be hard for SSA to accept that you could get your earnings record and not notice the gap until now....

I hope this information helps. Good luck to you!
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That is a very long time. You should have raised this issue a long time ago. You should speak to a social security lawyer but you have some real limitations here.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is , his website for more tax, estate and business articles is and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is , his website is and his blog is <> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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The first thihg to consider is whether you worked for a company that has their own pension plan and therefore does not pay into Social Security. The Postal Service is an example of this.

Also - if your employer had you listed as a "contractor" and you recieved a 1099 and not a W-2, this would explain why they didn't pay FICA tax on your behalf.

If an employer does not pay FICA tax, they are responsible to the IRS for the amount that should have been paid in taxes. However, being that they are "long gone," unfortunately, there is not a lot that can be done. Technically, FICA taxes are supposed to come half from the employee and half from the employer. So, at times the IRS, if they determine that FICA tax was not paid, will ask the employee for their half of the amount owed.

I suggest that you speak with a tax attorney in your area if you intend to pursue this further to protect yourself.

Good Luck!
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This answer contains general information only; and it is not intended as legal advice. It is not intended to and does not create an attorney client relationship. Information contained here is only a starting point and you should consider discussing your specific problem in depth with a licensed attorney.

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