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SS card does not match last name as Drivers License

I have two ee's who are upset because I am using their Social Security Cards last name in lieu of their Driver's License, etc. I have been searching for a link that states this is correct so I can forward it to them. One of the ee's mentioned that they never had a problem at their last ER nor did they have an issue while filing taxes.


  • payrollgal -
    If they have legally changed their names to what is on the driver's license, then they must also change their names in the social security system -
    They will not have a problem filing tax returns unless they try to file electronically - the IRS straightens it out at their end, but does not always bug the taxpayer about it. Besides - the social security card is not valid identification (or driving a car) - the driver's license is not valid for tax or social security purposes :roll:

    Oh Oh --- Assuming the SS Card and the Driver's License were used for Form I-9, how was it determined that the person named on the license (who was ID's) was the person belonging to the social security card (who was not ID's and has a different name)? :twisted:
  • I have been married for 3 yes here in Illinois and got a new driver's license in my married name but didn't change it with social security. I've had no issues with my past employers but now this last boss sent me my check then once I received it he decided to stop payment saying because my name doesn't match my social. Is this legal?
  • Your employer cannot fail to pay you for work performed, even if you provided inconsistent information when you hired in. On the other hand, your employer could be subject to penalties or, at least, the hassle of proposed penalties, if your name and SSN do not match IRS records - so your W-2 should show the name on the Social Security Card regardless of what name you use otherwise. As payrollgal suggested in her 2010 response - what did you use for work eligibility and ID for Form I-9? If you used the SS card and the Driver's license, how did the employer know that both cards belonged to the same person given the two different names?

  • We always use what is on their social security card. If they had a name change then we request them to obtain a new/updated ss card with the correct name and then we will update it in our systems.

  • I have a similar issue. My SS card is in my 1st marriage last name. When I married the 2nd time it was 1995 and when I renewed my license I just told them I got married and they put the married name on my DL no questions asked no proof required. I was only married a short time before I divorced and never bothered to change my SS card last name mainly because I had enrolled in college under my SS card name and to change it at that point would be more than just a headache. I also prefer to have my last name the same as my 2 children who are from my 1st marriage. But I have no idea how to fix it
  • Hello Nutt1051,
    Sounds like what you need to do is change your driver's license and voter registration (and possibly anything not Social Security) back to the name you prefer.