Know Your Rights: Social Security

Prior to Donald Trump’s issuance of an executive order on January 20, 2025, it was possible to change one’s sex designation with the Social Security Administration (SSA) through selecting the appropriate sex designation of M or F on the SS-5 application. On January 31, 2025, the Social Security Administration issued guidance prohibiting changes to the sex on Social Security records. 

Can I Change My Sex Designation with the Social Security Administration (SSA)? 

No. On January 31, 2025, the Social Security Administration issued guidance prohibiting changes to the sex on Social Security records. 

How is Sex Designation in My Social Security Record Used? 

Your Social Security card only lists your name and Social Security number—not your sex. However, SSA maintains information in its computer records on everyone who has a Social Security number, including name, date of birth, and sex. Aggregated data about sex and other demographic factors from SSA records is used for statistical and research purposes. In addition, as discussed below, SSA sex data is still used for identity verification by some third-party organizations.  

Can I Get a Driver’s License or State ID with a Sex Designation that differs from SSA? 

Yes. Sex designation policies for state IDs are separate from federal policies. The Social Security Online Verification System (SSOLV), which all state motor vehicle agencies use to verify information with Social Security, only matches name, Social Security number, and date of birth, not sex. 

Does my Sex Designation with SSA Affect My Social Security Benefits? 

No. Social Security benefits do not depend on your sex. 

How Does my Sex Designation with SSA Affect My Health Benefits? 

When applying for Medicare, Medicaid, or Obamacare health insurance through the marketplace, use the sex that matches Social Security. Private health plans not purchased through the marketplace generally do not match their information with Social Security. 

If you experience a denial of insurance coverage for services that appear inconsistent with the sex on your insurance records, that type of denial can usually be resolved by having your provider’s office add a specific billing code, contact the plan, or appeal the denial. See our Trans Health Project for more details. 

What About “No-Match Letters”? Will My SSA Record Out Me on the Job or Elsewhere? 

This could happen in some circumstances. The SSA administers several programs used by employers and public benefit providers to verify a person’s identity. Through these programs, the SSA compares personal data submitted by a business or government agency with its own records and reports whether the data matches. 
 
The largest system used by private employers, the Social Security Number Verification System (SSNVS), eliminated sex in 2011. However, some systems used by state government agencies will still match sex against SSA records. If a person’s recorded sex with the submitting agency does not match SSA records, the SSA may report this back to the submitting agency. In cases where sex data is submitted to the SSA and does not match, the submitting agency is under no obligation to respond in any way. So long as the other personal data matches with SSA records, the organization can simply ignore the sex mismatch. 

Can I Change My Name in My Social Security Record? 

Yes. You can change the name on your Social Security card by applying through the mail or in person at a local Social Security office. For in-person services, you must make an appointment by calling 1-800-772-1213. To see what documents you will need, select the appropriate boxes for adult/child, “corrected,” and citizenship on the Social Security website. 

You will need to submit the following: 

1. Form SS-5 (Application for a Social Security Card); 
2. Note: Parents’ Social Security numbers are only required for minors. 
3. For the sex field, select the sex that reflects your current Social Security record. (Social Security has not currently indicated that it will change any previously corrected sex designations back due to a subsequent name change, but such a possibility cannot be ruled out.) 
4. Proof of your identity.  
5. If your name change order contains your prior name and biographical information such as age, date of birth, or parents’ names, your name change order itself is sufficient proof of identity and no photo ID is needed, making it possible to easily submit the request by mail. 
6. Typically, this is a government-issued photo ID (driver’s license, state ID, U.S. passport), but other forms of identity may be accepted as detailed in the SS-5 instructions.  
7. Proof of the name change. In general, SSA will accept any of the following as proof of a name change: 
8. Name change court order (original or certified copy); 
9. Marriage, civil union, or domestic partnership certificate (original or certified copy); 
10. Divorce decree (original or certified copy); or, 
11. Certificate of citizenship or naturalization (original only). 
12. Note that proof of citizenship is only required for U.S. citizens who have not already provided it, but most people did at the time of the original application. 

The new card will be sent to you in the mail, as will any original documents submitted by mail with your application.  

What if I Have a Problem? 

Social Security employees are instructed to treat transgender customers with respect, including using appropriate pronouns, and to not ask unrelated personal questions. If you encounter difficulties with local or other SSA employees, contact your SSA Regional Office or your federal House Representative or Senator, choosing their contact option for federal agency assistance.  
  
If you believe you have been subject to discriminatory treatment by an SSA office or staff, you may file a formal complaint of discrimination with SSA. SSA accepts complaints of discrimination in services and programs based on race, color, national origin (including English language ability), religion, sex , age, disability, or in retaliation for filing a complaint. The purpose of this process is not to provide compensation but to resolve unfair actions and prevent future incidents.  As of February 2025, SSA discrimination complaint forms no longer explicitly include sexual orientation and gender identity. You can make your own decision about whether to file a complaint.