identity change: the process, pitfalls, and safety possibilities

Identity Change: The Process, Pitfalls, and Safety Possibilities

Colorado Advocacy in Action ConferenceJune 11, 2013

Objective: To provide you with…

Why Me?The ACP/Identity Change Connection

Confidential Address Programs CAN…

Provide survivors with a legal substitute address and mail forwarding

◦ Driver’s license or state ID card◦ School registration ◦ Banking◦ Human services applications◦ Highest level voter registration protection

available◦ Court records and police reports◦ Specialized utility and cable protections

Pretty good, right?

Plan A

Living with a safety plan and an ACP.

Not an easy road.

Confidential Address Programs CAN’T

◦Hide the state where a survivor resides◦Hide program participation◦Refuse subpoenas or mail ◦Protect the purchase or title to real

property.◦Change who you are◦Guarantee other people’s work

For some, “pretty good” isn’t enough.

Plan B

Identity change.

No comparison.

Workshop Overview

Can You Really Change Your Identity?

It’s all about paper.New identity documents are used to create records.

New records create a new identity. On paper.But you are still you.

U.S.A. Identity Documents:1. State-issued identification card2. Social Security card

When is it Time?

When These are the Choices.

My QuestionsWho’s in charge? Is there a special division that does this work?Are there different kinds of identity changes? Do people receiving witness protection services

receive preferential treatment?Which information is automatically connected? Are debts connected?Where are the experts?

Does anyone else have these questions?

The Answers

…and my disclaimer

The Name Change Process

My Name Is…

What’s Your Name?

Thoughts…

Name Change Only

Name Change Formshttp://www.courts.state.co.us/

Name change instructions (JDF 432)Motion to waive filing fee (JDF 205)Order concerning fees (JDF 206)FBI Fingerprint forms and instructionsPetition for Change of Name (JDF 433)Order for Publication (JDF 426)Public Notice of Name Change (JDF 427)Final Decree for Change of Name (JDF 448)Instructions and form to change birth certificate

CBI fingerprint cards are not included. They must be completed at a law enforcement agency in your county of residence.

Adult Name Change Packet

Name change instructions (JDF 420)Petition for name change (JDF 421)Notice to non-custodial parent (JDF 422)Consent of non-custodial parent (JDF 423)Request to provide notice to non-custodial parent by

publication (JDF 424)Notice of publication(JDF 425)Order for Publication (JDF 426)Public Notice of Name Change (JDF 427)Final Decree for Change of Name (JDF 448) Instructions and form to change birth certificate

Minor children aged 14 and over are required to complete the fingerprint and background check steps.

Child Name Change Packet

Name Change Process§13-15-101, C.R.S.

Name Change Timeline**approximate

Caution!

Requesting a New Social

Security Number

Social Security Administration

“Our business is benefits.”

A Little History

1935 Social Security Act

The Woolworth Wallet Story

Mrs. Hilda Schrader WhitcherSSN: 078-05-1120

What the SSA Wants You to Know

Handout: New Numbers for Domestic Violence Victims

Application for a new Social Security cardStatement of Claimant (form SSA-795)SSA’s internal process for developing

Harassment, Abuse, or Life Endangerment Cases HALE cases◦ Development for all HALE cases◦ Evidence Requirements for documenting HALE◦ Example HALE case

Social Security Number Packet

Process for Requesting a New Social Security Number

New Social Security numbers can be issued if the determination is made that a new number is needed due to harassment, abuse or life endangerment (“HALE”).

Process Overview

Personal interviews must be conducted with anyone over the age of twelve.

Each person must bring proof of age, identity, and citizenship. Birth certificates will establish age.

All documents must be either originals or copies certified by the issuing agency and must (unless otherwise indicated) have been issued within the last two years. 

Personal Interviews and Documentation

U.S. Citizens:◦ Social Security will ask to see a U.S. driver’s license, a

state-issued non-driver identification card or U.S. passport as proof of identity.

◦ Other acceptable documents might include: ◦ An employee ID card; ◦ A school ID card; ◦ A health insurance card (not a Medicare card); ◦ A U.S. military ID card; or ◦ An adoption decree.

Non-U.S. Citizens:◦ Social Security will ask to see current U.S. immigration

documents. Acceptable immigration documents: Form I-551 (includes machine-readable immigrant visa and

unexpired foreign passport); I-94 with an unexpired foreign passport; or I-766 (work permit from DHS).

Proof of Identity

U.S. Citizens◦ The only acceptable documents for proof of U.S.

citizenship are a U.S. birth certificate or a U.S. passport.

Non-U.S. Citizens◦ Proving U.S. immigration status, requires the current

immigration document, I-94, Arrival/Departure Record, issued upon arrival in the United States.

◦ F-1 or M-1 students must also show their I-20, Certificate of Eligibility for Nonimmigrant Student Status. J-1 or J-2 exchange visitors must show their DS-2019, Certificate of Eligibility for Exchange Visitor Status.

Proof of Citizenship or Immigration Status

Evidence Requirements for Documentation of Harassment, Abuse,

or Life Endangerment Preferred:

◦ Police reports that include the result of the investigation◦ Medical records◦ Official court documents◦ Restraining orders

Not preferred, but may be acceptable:◦ Signed, dated letters or statements

Dated within the last two years. From family and friends with first-hand knowledge

Not acceptable:◦ Letters and statements which are over two years old◦ Just the claimant’s own statement

What a Survivor Wants You to Know

What a Survivor Wants You to Know

ConsiderationsLess complicated More complicated

Abuser lethality and history of violence

Lack of documented violence

Little credit history Good credit historyNo children ChildrenNo criminal history Criminal historyNo pending court proceedings

Pending court proceedings

No debt DebtMarginal family relationships

Strong family relationships

Few friends or community ties

Strong friendships and community ties

Less education/no professional licensure

Post-secondary education professional licensure

No long-term reliance on public resources and/or benefits

Needs ongoing public resources and/or benefits

Creative Alternatives

The AnswersWho’s in charge? Name changes: courts New Social Security numbers: SSA/Central Operations/CSIIs there a special division that does this work? Yes and no. Any office can start the process, but it’s a two-part process that requires approval from Central Operations.Are there different kinds of identity changes? NoDo people receiving witness protection services receive preferential treatment? NoWhich information is “automatically connected?” Social Security and IRS records. No other agencies are notified.Are debts connected? No. They will probably catch up later.Where are the experts? I’m still looking…

Success is possible.

Questions?

Sources and Resources Interviews: ACP participants who have obtained identity changes, other

ACP program directors, witness protection investigators, SSA supervisor (who has been with SSA for 30 years), and the SSA public policy office.

Identity Change Guidelines for Survivors of Domestic Abuse, CCADV. Question and Answer Session with the SSA, April 27, 2012. NNEDV and

Greater Boston Legal Services. Myths & Realities of Identity Change, Greater Boston Legal Services,

NNEDV New Numbers for Domestic Violence Victims, www.ssa.gov. Colorado Judicial website: http://www.courts.state.co.us/ www.ssa.gov for a variety of information. Relocation Counseling Project: Identity Changes: Practical and Legal

Considerations, Christine M. Drukin, Staff Attorney, Greater Boston Legal Services.

SSA evidence requirements for completing the HALE process, provided by the SSA.

Resource: Department of Revenue, Investigations Francine Gonzales (303) 205-8382.

Resource: Nicole Tiggeman, SSA Office of Public Affairs, nicole.tiggemann@ssa.gov