Can I sue the Social Security Administration

Asked over 3 years ago - Montpelier, ID

My son passed away from SIDS and the SSA released his social security number to the public, after they were notified he was deceased. Someone stole his social security number and used it to claim my son on there own tax return to get a bigger refund. I am wanting to file a lawsuit against the SSA, to make it so they can not release SS numbers to the public, once someone has become deceased. To remove my sons information off the websites its listed on. I know there are many others out there that would also join me in this lawsuit, which have had the same thing happen in the past. What kinda lawyer would I need to talk to about doing this. Has this ever been attempted before. In my eyes they should be charged with embedding a criminal because that is what they are doing releasing the info.

Attorney answers (1)

  1. L. Maxwell Taylor

    Contributor Level 20

    Answered . I'm sorry for your loss. Unfortunately, you cannot sue the SSA. Documents held by SSA are government records and are required to be made public under the Freedom of Information Act. The social security numbers of deceased individuals are published in the Social Security Death Index. The fact that someone committed identity theft with respect to your deceased son's social security number is not legally the fault of the SSA.

    You can read about the Social Security Death Index at the link below.

    Not legal advice as I don't practice law in Idaho. It's simply my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Idaho licensure.

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