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Sunday, March 11, 2012

SS Examined

SS. Examined:

Are Americans required to have a Social Security Number to live and work in the United States?

Most Americans are under the assumption that they are required to have a SSN (Social Security Number) in order to get a job, open up a bank account, and basically earn a living in America. Everyone asks for your number these days, don’t they? I mean, if you want to get electricity in your name, they will ask for you SSN, if you want phone service, they sometimes ask for your SSN. In America, it seems like one needs an SSN to do just about anything these days. So there must be a law that requires one, isn’t there?  Well it turns out, that contrary to popular belief, having a Social Security Number is 100% voluntary for American citizens. If it was mandatory, babies would be issued SSN’s immediately upon birth! The fact that you have to “apply” for a SSN in the first place should be a strong indication that the Social Security Number is voluntary.

We will prove, beyond a shadow of a doubt, that the laws that Congress wrote regarding Social Security, clearly reveal that Social Security Numbers are in fact voluntary for American citizens. It will also be clear that the demand for American’s SSN’s has a direct connection to the federal income tax and that the SSN is critical for the IRS to track the income of American citizens.
 
Let’s look at what Congress wrote into law to see if and who is required to have a Social Security Number. The Social Security laws are found in Title 42 of the United States Code.

The answer is found in 42 U.S.C. §405(c)(2)(B), which provides as follows:

(B)(i) In carrying out the Commissioner’s duties under subparagraph (A) and subparagraph (F), the Commissioner of Social Security shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned):

(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so changed as to make it lawful for them to engage in such employment;

(II) to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person; (Emphasis Added) As you can see, it is clear that from what Congress wrote that only ALIENS are required to have Social Security Numbers. Now if you are an American citizen, and you want to participate in Social Security and receive Social Security Retirement benefits, Unemployed Benefits, Disability Benefits, etc, then you MUST apply for a number and then pay into the system. If you don’t apply the number, you don’t get the benefit.

It’s as simple as that. Even Social Security admits on their website that having SSN is voluntary for Americans: “Must my child have a Social Security number?”

“No. Getting a Social Security number for your newborn is voluntary. But, it is a good idea to get a number when your child is born. You can apply for a Social Security number for your baby when you apply for your baby’s birth certificate. The state agency that issues birth certificates will share your child’s information with us and we will mail the Social Security card to you.” - From

www.ssa.gov/pubs/10023.html

If you check Constitutional Attorney Larry Becraft’s website at: http://home.hiwaay.net/~becraft/ScottSSNLetter.pdf you will see a letter from Social Security, again admitting that having a SSN is voluntary. The letter, in response to an individual’s question regarding whether or not Social Security was mandatory or voluntary, says:

“The Social Security Act does not require a person to have a Social Security Number (SSN) to live and work in the United States, nor does it require an SSN simply for the purpose of having one. However, if someone works without an SSN, we cannot properly credit the earnings for the work performed.”

It should be clear by now that there is NO law requiring Americans to have Social Security numbers. If you want one, then you must apply for one. But it is VOLUNTARLY! And the above letter makes it clear that if you earn money without a SSN, you will not be getting Social Security benefits.

That should be your decision anyways, not a decision by the government forced upon you. However, how many people do you know that do NOT have a Social Security Number? Most Americans assume they are required to have one, and most Americans never had a choice because if you were born in a hospital, your parents either intentionally or inadvertently allowed the hospital to have a Social Security Number applied for you. Several years ago Social Security initiated what is called the “Enumeration at Birth Program.” SSA came up with the idea to start the numbering process at birth! The following evidence proves not only that SSA, in cahoots with hospitals nationwide, force SSN’s on newborns, what’s worse is how SSA teaches hospital officials to act when parents refuse to have their babies get SSN’s. The following, Social Security Numbers: Are They Mandatory for Citizens?

–– By Jason Golditch ––

www.republicmagazine.com Subscribe Online or Call 1-866-437-6570 Republic Magazine • Issue 6 25

http://www.save-a-patriot.org/files/view/ssbirth.html is an article regarding
the Enumeration at Birth Program by an organization called Save-A-Patriot
Fellowship who, since 1984, has been educating Americans on Constitutional
issues such as Social Security, the Federal Income tax, and the IRS:

SOCIAL SECURITY NUMBER POLICY AND GENERAL PROCEDURES

Parent objects to “Enumeration at Birth” program.

Recently many new parents have found that Social Security numbers have been assigned to their newborn children over their objection and against their will.  It has been discovered that the Social Security Administration has implemented a program referred to as “Enumeration at Birth” and has in place a specific procedure for parental objections. Note that this is a multi-step procedure and that at each step the bureaucracy will attempt to talk the parent into keeping the assigned SSN. However, if the parent is persistent, the procedure exists for expunging the record.  The information on the next page was obtained in 1992 from the SSA policy manual.

Again, the SSA is extremely aggressive in forcing SSN’s onto American babies. Why would they be doing this if, by their own admission, Social Security is voluntary?

Could it be to insure each American into a lifetime of tax and government identifying enslavement? Hmmmmmm….!

Another fraud perpetrated on the American public is the demand for the SSN when trying to earn a living. Why is it that anytime one chooses to work for someone else, whether as an employee or as an independent contractor, that person is demanded for their Social Security number? This is because businesses specialize in THEIR business, and they get legal or tax advice from their CPA’s or lawyers. If you own a plumbing business, you are assumed to be an expert in plumbing,
but you are most likely not an expert in taxes and so that is why you hire a CPA because it is assumed that they KNOW the tax laws. So if you have a business and your CPA tells you that you must get SSN’s from your “employees” in order to pay them, most people don’t even question it. Unfortunately, most CPA’s are ignorant of the law. If CPA’s or tax professionals actually read the tax laws regarding the demand for Social Security numbers, they would not tell their clients that it was mandatory for their workers to provide a SSN in order to earn money.

Here is what the law says regarding the requirement to get another’s SSN.

26 Code of Federal Regulations section 301.6109-1(c) states:

Requirement to furnish another’s number:

“Every person required under this title to file a return, statement or other document shall furnish such taxpayer identifying numbers of other persons as required by the forms and the instructions relation thereto.” “If he does not know the taxpayer identifying number for the other person, he shall request such number of the other person. “A request should state that the identifying number is required to be furnished under the authority of law.” “When the person filing the return, statement or other document does not know the number of the other person, and has complied with the request provision of this paragraph, he shall sign an affidavit on the transmittal document, forwarding such returns, statements or other documents to the Internal Revenue Service, so stating.” So the law actually states that it is NOT mandatory for Americans to disclose their SSN’s, even if they have one in the first place! Wouldn’t it have been nice to know this information before you voluntarily disclosed your SSN to employers while you have been working all these years having taxes withheld from your paycheck and having W-2’s and 1099’s being reported to the IRS, revealing all the money you made?! This sure made it easy for the IRS to see your income. It is much easier for them to get 3rd parties like “employers” to demand your SSN than it is to summon bank records for approximately 200,000,000 American workers, don’t you think?!

Another blatant and fraudulent demand for your SSN is on United States passports. If you apply for a passport, there will be a section on the passport asking for your SSN. For those wondering why a SSN is required to be put on a U.S. passport, this is the governments response:

Section 6039E of the Internal Revenue Code (26 U.S.C. 6039E) requires you to provide your Social Security Number (SSN), if you have one, when you apply for a U.S. passport or renewal of a U.S. passport. If you have not been issued a SSN, enter zeros in box #5 of the passport application form you are completing. Contact the Social Security Administration to request a Number. If you are residing abroad, you must also provide the name of the foreign country in which you are residing. The U.S. Department of State must provide your SSN and foreign residence information to the Department of Treasury. If you fail to provide the information, you are subject to a $500 penalty by the IRS.

The Government is saying that section 6039(E) of Title 26 U.S.C. requires you to provide your Social Security Number. Well, unfortunately, this is a blatant and outrageous lie. This is one of those in your face, “your so stupid and gullible, we know that you won’t even investigate and we can tell you whatever we want” type of lie. I say this because section 6039(E) has NOTHING to do with Social Security Numbers, but only deals with TIN’s or Taxpayer Identification Numbers, which is a total and distinct number from the SSN!

Here is what 6039(E) says:

26 USC 6039(E) Information concerning resident status (a) General Rule. Notwithstanding any other provision of law, any individual who (1) applies for a United States passport-shall include with any such application a statement which includes the information described in subsection (b).

(b) Information to be provided Information required under subsection (a) shall include the
taxpayer's TIN (if any) in the case of a passport applicant, any foreign country in which such individual is residing”…

There is NO mention whatsoever in 26 U.S.C. section 6039(e) regarding the requirement of your SSN, but only a TIN, and only if you have a TIN! And what is the government’s definition of a TIN? Here it is:

26 C.F.R. 301.6109-1 (3) IRS individual taxpayer identification number—(i) Definition.

“The term IRS individual taxpayer identification number means a taxpayer identifying number issued to an alien individual by the Internal Revenue Service, upon application, for use in connection with filing requirements under this title. The term IRS individual taxpayer identification
number does not refer to a social security number or an account number for use in employment for wages. For purposes of this section, the term alien individual means an individual who is not a citizen or national of the United States.”

Under the laws of the United States, it is crystal clear that the TIN does not only,
NOT refer to a Social Security Number, but a TIN is issued to an ALIEN individual by the IRS! Are you an alien? It is therefore a blatant, in your face lie for the United States State Department to say that 6039E of 26 U.S.C. requires American citizens to disclose their SSN’s, when it is clear that 6039(E) does not even refer to SSN’s, but only to TIN’s, and TIN’s have NOTHING to do with Social Security Numbers!

Are you getting the point? Everywhere you go, whether it’s to get a job, open up a bank account, get a passport, Americans are routinely asked and demanded for their Social Security Number. But it should be crystal clear by now that it is 100% voluntary to have a SSN for a citizen in the first place. But there is a very good reason why this demand for SSN’s has been perpetrated on the citizens of America. If you don’t have or use a Social Security number, then if you work for someone else, you cannot fill out a W-4 or a W-9! Meaning, you will not receive either a W-2 nor a 1099, and neither will the Internal Revenue Service! Why is that? There is no way that an employer could withhold income taxes or social security taxes from you without a SSN, so by not disclosing your SSN, you could not properly fill out a W-4. Same applies to an Independent Contractor.

Are you getting the picture? Yes that’s correct, without disclosing your SSN, the IRS will not be receiving any 3rd party information regarding how much money you made for that year. It will seem as if you are not even working! In fact, you cannot fill out a 1040 tax return without your SSN, and it has already been revealed that the TIN is a taxpayer identification number for ALIENS, not citizens! So can you see this tangled web coming into view between the SSN,
the Federal Income Tax and the IRS? If you never use your number, the IRS has no idea how much money you make. If you never received a SSN in the first place, the IRS cannot by law even create an account on you (see chapter 3, section 301 of 5 U.S.C.) An application for an SSN must be initiated before you ever get assigned one. If you never received a SSN, you do not even EXIST to the Internal Revenue Service. By not having a SSN, or not using a SSN, you would be living an Income Tax free life! Who wouldn’t love that? And knowing that, who in their right mind would apply for a SSN or allow their child to have a SSN forced upon them? Now there are people who have successfully worked without using their SSN, but this is easier said than done. That is why it is absolutely critical that all liberty loving Americans understand this issue surrounding the SSN and how the number enslaves individuals to the IRS and many of the various federal and state government agencies. It’s time for Americans to put this knowledge and information together and write letters to your Congressman expressing your concern for this repeated unlawful demand for your SSN. If the unlawful insistence and demand for our SSN would stop, this would be a huge step from relieving government intrusion in our lives. Not to mention significantly preventing identity theft! Hopefully, this information has been helpful.

Use it. Study it. Share it with your friends. Write your Congressman and urge them to put an end to this unlawful demand for our SSN. Social Security cards used to say, NOT for Identification. Let’s bring that policy back. If you want an SSN to participate in Social Security, that is your choice. But for those of us that do not want to participate in Social Security, we have the legal right to live our lives without using the SSN in order to earn a living, open a bank account, or for goodness sakes open an account with the electric company!

For more info on Social Security Numbers please visit the following websites:

• www.nossn.com

• http://www.save-a-patriot.org/files/view/ssbirth.html

• http://home.hiwaay.net/~becraft/ssn.html

Attorney Larry Becraft’s research on Social Security

IS SOCIAL SECURITY MANDATORY?

www.republicmagazine.com Subscribe Online or Call 1-866-437-6570 Republic Magazine • Issue 6 27

Under the guise of protecting seniors and our national security, Congressman Mark Kirk of
Illinois 10th District and Peter Roskam of the 6th District are setting the wheels in motion
for another crack at a national ID card. The “Social Security Identity Theft Prevention Act”

(H.R. 5405), more appropriately titled the “Social Security Surveillance Act,” was likely
spurred by the high opposition to the failing Real ID Act. This act would be an adequate
run around to implement Real ID in yet another form. They claim the reasons for introducing this
act is to curb the high rate of identity theft in Northern Illinois.

The new Social Security Surveillance (SSS) card will retain the standard features of the Social Security card such as the name and account number of the card holder, but will now include beefed up security measures also commonly used by law enforcement to track criminals and hackers to falsify and clone sim cards.

The surveillance features of the card include: a digital image displayed of the card holder on the surface of the card and an “encrypted, machine readable electronic record which shall include records of biometric identifiers unique to the individual to whom the card is issued, including a copy of any digitized facial image printed on the face of the card.”

Manufacturing of the card will be out-sourced to the Department of Homeland Security and utilize the facilities that create the B1/B2 Visa and the Permanent Resident Card.

At a recent Libertyville, Illinois Town Hall Meeting on Saturday March 1st, 2008, Congressman Kirk explained to a packed room of concerned residents that participation is optional. I asked Kirk during the Q and A session when the “optional” card would become mandatory. Kirk responded that the bill had not left the house yet.  Not quite the answer found when reading the text H.R. 5405. The bill clearly states the new surveillance cards are to be issued to social security account holders upon reaching the age of 16. Massive new biometric databases of every American will be created to assist in tracking and authenticating the new SSS card. The US Government has a tarnished record of managing databases. The U.S. Department of Veterans Affairs lost a laptop and external hard drive to thieves, jeopardizing the identities of 26.5 million veterans. The Metropolitan State College in Denver, the U.S. Department of Agriculture, and Los Angeles’ Department of Social Services have each fallen victim to their databases being plundered.

Foreign intelligence hackers, high tech terrorists, and identity thieves would have a one-stop-shop of every American in a Social Security database no longer just rich in numbers, but now biometric data. When asked about private firms controlling and tracking the databases, Kirk pushed the responsibility of management to the Social Security Administration. However, as with Real ID, private companies like Viisage were contracted with to maintain the Real ID infrastructure. This will likely be the case with the Social Security Surveillance Card unless the bill is stopped. The bill is set to take effect two years from enactment, yet it is currently in the house, and has yet to be voted on. A proponent of the new SSS card asked Kirk, “Can you share what information is on there that’s freaking everybody out about a national ID card, what’s being stored on there that the Government doesn’t already know?”

He responded, “Just about everything the government already knows.”

Standard operating procedure is in effect here. Using fear tactics on uninformed senior citizens, and the usual excuse of national security in a post 9/11 world, another member of the DC boys club is attempting to slip a national ID card into the hands of a terrified populous. This is another attempt to ratchet down the American people into a coded world of control where being asked for “your papers” is as common as the next tasing video. However, Kirk and Roskam have failed to consider the ever-increasing masses of freedom loving Americans who are dusting off their constitutions and putting the shackles back on our public servants.

Full text of H.R. 5405 can be viewed here:

http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.5405:

Contact your Congressman and instruct them to NOT support H.R.5405.

...the Social Security Surveillance Act

–––––––––––––––––– BY GARY FRANCHI –––––––––––––––––––––



THE SOCIAL SECURITY NUMBER POLICY AND GENERAL PROCEDURES

———————————————————————————————————————————————————————————————————————————————————————

TN 16 6-90 RM 00905.100B.

———————————————————————————————————————————————————————————————————————————————————————

00205.100

PARENT OBJECTS TO ASSIGNMENT OF SSN TO CHILD UNDER THE ENUMERATION AT BIRTH PROGRAM

A. POLICY

SSA does not change, void or cancel SSNs. In special situations, SSA will delete the

applicant information from the SSN record.

———————————————————————————————————————————————————————————————————————————————————————

B. PROCEDURE

A parent may object when a child is assigned an SSN.

If a child is issued an SSN card via the Enumeration at Birth program (the online

NUMIDENT shows “FMC:6” for Enumeration at Birth items) and the mother states she

answered “no” to the enumeration question when providing birth information for the

newborn, assume that the State inadvertently keyed “yes”, and follow these steps:

———————————————————————————————————————————————————————————————————————————————————————

STEP ACTION

———————————————————————————————————————————————————————————————————————————————————————

1 Explain that the child will need an SSN, by at least age 2, if he/she will be

listed as a dependent on an income tax return.

• If the parent accepts this explanation and will keep the SSN card, stop.

• If this is not acceptable, go to step 2.

———————————————————————————————————————————————————————————————————————————————————————

2 Explain that on SSA’s records, the account will remain dormant, unless earnings

are posted on the record.

• If the parent accepts this explanation and will keep the card, stop.

• If the parent accepts the explanation but does want the SSN card, take the

card and destroy the card (RM 00201.060). Explain that when an application is

later made for an SSN card the same number will be assigned.

• If the parent insists that we delete the SSN record, explain that the

deletion action may take several months. (Go to step 3.)

———————————————————————————————————————————————————————————————————————————————————————

3 • Document the parent’s objection and advise the parent that the case must be

sent to central office (CO) for review.

• Explain to the parent that if we delete the applicant information from the

SSN record, a subsequent SSN request (likely before the child is age 2) will

result in a different SSN. In addition, if and when the parent files for an SSN

for the child in the future, he/she should enter “no” in item 10 on the SS-5.

• Forward all material pertinent to the situation(including the FO observation

and recommendation)to CO at:

- Social Security Administration

- ORSI, DE, E&R

- 3-E-26 Operations Building, 6401 Security Blvd., Baltimore, MD 21235

———————————————————————————————————————————————————————————————————————————————————————

4 Request review of the case and action concerning the parent’s request for

deletion of the data from the SSN record. Send a copy of the entire file to

the appropriate regional office so that they can discuss ongoing problems

with the involved State.

26 Republic Magazine • Issue 6 Subscribe Online or Call 1-866-437-6570 www.republicmagazine.com


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