Changing a legal name can be challenging but worth the time and effort. Marriage and divorce are the top reasons for a legal name change. A new Social Security card can be obtained with the correct legal documents.
Find out more about legal name change
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by Anne Brennan
Anne is a business writer and writing coach living in Cleveland. Her credits include the Chicago Tribune, Crain's New...
Updated on: September 30, 2024 · 21 min read
Changing your name on a Social Security card is a relatively simple process, especially for those who already have a Social Security card and access to proper and unexpired documents.
With the correct paperwork and a little patience, an individual can soon have a new Social Security card with your legal name and avoid possible complications.
“As much as changing your name might offer a fresh start, it's not without its challenges—paperwork, costs, and potential confusion post-change," said Brad Banias of Banias Law. “However, armed with the right information and patience, you can navigate the legal labyrinth and claim a name that truly resonates with you. After all, it's about embracing your true identity."
For U.S.-born citizens, the first form to fill out is the Application for a Social Security Card (Form SS-5).
There are two ways to apply.
Applicants can find the nearest SSA office by visiting the SSA website and using the “location finder" function, which searches for the most convenient location. The correct SSA documents will prove the legal name change and identity. The SSA may ask to see identity documents showing your new name and old name. Expired documents with the old name are acceptable.
Common name-change records you can bring include the following documents:
Any documents you bring during the legal name change process must be original or certified copies of official documents with a raised seal, stamp, or signature. Documents showing your new name must be unexpired.
Applicants cannot use any documents that are photocopies, pictures, laminated, notarized copies, translated copies of the original, or a receipt showing the application for the document.
Documents that prove identity:
The medical record document must show all of the following: the applicant's name, age or date of birth, treatment date within the last two years, and a signature or stamp from the medical provider.
The SSA accepts only certain documents as proof of U.S. citizenship. These include:
An applicant must show a foreign birth certificate as proof of age if available, or it can be obtained within 10 days. If not, the SSA will consider other documents, such as a U.S. passport or a document issued by the U.S. Department of Homeland Security (DHS) as evidence of age.
Anyone age 12 or older requesting an original Social Security number must appear in person for an interview. The SSA will ask for evidence to show a lack of Social Security number. Here are examples of documents to prove a Social Security number was never assigned:
The SSA accepts only certain documents as proof of identity. An acceptable document must be current (not expired) and show a legal name, identifying information (date of birth or age), and preferably a recent photograph. For example, as proof of identity, the SSA must see a:
If an applicant does not have one of these specific documents or cannot get a replacement for one of them within 10 days of request, other documents will be needed. Any documents submitted must be current and show name, identifying information (date of birth or age), and preferably a recent photograph:
It's possible to use one document for two purposes, such as a passport that proves both citizenship and identity. But at least two separate documents are required.
If you're applying for a new or replacement Social Security card using Form I-765 and/or Form I-485, the SSA will issue the card within seven to 10 business days after U.S. Citizenship and Immigration Services approves a work authorization or permanent residence application.
Individuals must notify the SSA of a new legal name change. It's essential to understand that notifying the SSA of a legal name change is up to the individual. The SSA will not keep track of changes, and not informing the SSA of a legal name change can cause problems later on.
Some legal name changes can be done without an attorney or a court hearing. Marriages and divorces generally allow legal name changes without filing a petition to the court.
Other reasons for a name change may require a court order, petition, background check, fingerprints, and public notice of legal name change in a newspaper. A hearing with a judge may also be required.
The SSA describes a legal name as a first and last name. The legal name is the name used to sign legal documents, deeds, or contracts.
In general, a U.S.-born person's legal name is the name shown on their U.S. birth certificate (including hyphens and apostrophes) unless the person's name has changed because of life events such as a marriage, divorce, or a valid court order for a name change.
After the SSA receives the required documents and approves the application, the new card usually arrives in the mail in seven to 10 days. (During delays, it can take between two to four weeks.)
If you are mailing in original documents, the SSA will mail them back, but there is always a chance that they could be lost in the mail, so visiting in person may be worth the time to avoid problems.
A new Social Security card is free, but changing a name can involve different fees.
If the application for a new Social Security card is rejected or has incorrect information, such as a misspelling, the process has to begin all over again.
Life events such as marriage, divorce, adoption, gender transition, or just personal preference can spur the need for a new Social Security card due to a legal name change. Updated Social Security cards are needed for filing taxes, bank accounts, passports, voter registration, and a variety of other reasons.
Attorneys who specialize in family law will be able to help clients who want to change their legal names and, eventually, apply for a new Social Security card. Lois Varughese of Rosenblum Law, who works on name change cases in New York and New Jersey, said the most common reason she is hired is because of discrepancies in legal documents.
“If a client is born in another country, and there's a clerical error on the original birth certificate, it creates a domino effect of discrepancies," Varughese said.
A ballpark figure to hire an attorney to change a legal name is between $1,200 to $1,500, Varughese estimates. This includes court filings, which can be $250.
“It's a pretty long process," she said. “About six to eight months. Some courts have quicker turnarounds."
Like U.S. citizens, foreign-born citizens choose to change their legal names for a variety of reasons, including common reasons such as marriage and divorce as well as unusual spelling of their names, personal preferences, or even because of persecution abroad, said attorney Renata Castro, of Castro Legal Group in Coral Springs, Florida.
Before going through the SSA process, foreign-born citizens should first notify Immigration and Customs Enforcement of any such name change request or status, then proceed with the SSA forms for a new Social Security card due to a legal name change.
While there are many companies that claim to help with legal name changes, especially for foreign-born citizens, only attorneys can provide legal advice, Castro said.
“Be careful with consultants and specialists who say they have the power to change legal names," Castro said. “A lot of people will say 'I can help you,' but they can't intervene with the SSA to change a legal name."
Only the applicant can actually change a legal name. The SSA will provide a translator for free, if necessary.
Marriage and divorce are among the top reasons for name changes, but name changes because of gender transitions are becoming more common and accessible.
Aiden L., an accountant and personal finance advocate who runs POCProsperity transitioned in 2017. Aiden also wanted to change their legal name. “There are many reasons [to change a legal name], and mine was because of my gender transition," they said. “I wanted my new name to reflect who I truly am."
Along with the usual documents, Aiden needed a letter to prove the gender transition. The doctor treating them wrote it. “This letter was like a certificate saying that my transition was real," Aiden said.
Aiden found access to a local gender health center in California. The center also provides other gender identity-related services, including legal. Without its help, they said they would have felt “pretty lost."
Aiden made an in-person appointment with the SSA office, which took a month, they said.
“They wanted to ensure everything was legit and that I needed a new Social Security card," Aiden said. They received the new card about a week later.
Aiden recommends doing research for help on changing a legal name. “Do it for your own sake. It's never a fun task," they said. “If you get pushback, stick to your ground. It's more than valid to seek services if it comes to that and ask for a higher-up to [help]."
Ideally, consider bringing along a companion for moral support. “I went by myself," Aiden said. “It was a little nerve-wracking."
Things are evolving in terms of transgender legal name policies, especially regarding privacy. In Washington state, for example, name-change petitions will now be private and sealed by the court if you are transgender, a child adoptee, a victim of domestic violence, a refugee, or someone who has received asylum.
The National Center for Transgender Equality website also has a “one-stop shop" for legal name and gender change, including a state-by-state guide to what documents are required for a Social Security card, passport, etc., and the fees due in each state.
While a new legal name has its advantages in terms of reflecting a new identity, family relationships, and other personal or professional reasons, it's important to know that changing a legal name does have the potential for snafus, even with a new Social Security card. Changing your legal name does not automatically change your name on your Social Security card.
Rachael Pohle-Krauza of Cleveland changed her name when she got married about 20 years ago, but the most important reason for the new name, she explains, was for her career as a professor of nutrition.
“If I did not have a way to link my maiden name to the papers that I published," she said. “I would not get consideration in terms of citation factors, which is important for tenure and promotion."
Although her college adviser counseled her not to change her name, she chose to hyphenate it. Since then, she has run into various complications. For example, when she was en route to Singapore, she learned the hyphenation caused an issue with the names that appeared on her passport and boarding pass. The passport issuing agency has admitted its error, but it ended up causing a lot of stress and an emergency overnight trip to resolve the matter.
Pohle-Krauza recently tried to create a customer account with a new airline service. “But then, when I went to go and purchase myself a ticket, they would not allow it," she said. “I had to register myself as a guest with only one capital letter. It was a computer glitch."
“The process of changing your name is easy, but the repercussions are much more," she said.
Lena Gosik-Wolfe, of Lena Designs Studio in the Tampa, Florida, area, also chose to hyphenate her name after marriage. "My husband and I both wanted to share a name," she said, “and I'm very much a feminist."
She already had an established business before marriage, and she and her husband “aren't that close my husband's family."
“Our families thought we were crazy," she said. “Even my husband's friends questioned him."
The couple changed their birth names to the hyphenated Gosik-Wolfe to represent both sides of the marriage. Gosik is Lena's maiden name. The legal name change occurred in 2014.
“I was very intimidated by the process, [like] the idea that you had to petition to the court," she said.
She and her husband searched for an attorney who could help walk them through the process, but they didn't get many responses, Lena said. Finally, one answered, but the attorney ended up telling them to do it themselves.
No hearing was needed after all. They did everything by mail after the courthouse.
“It was not complicated, but it was overwhelming," Lena said.
The hardest part turned out to be visiting the SSA office, according to Lena. The SSA clerk kept questioning her husband about changing his name and described different scenarios—divorce, kids—that would cause him to change his mind, Lena said.
This all happened at the counter, in a room full of people, she said. On top of it, they had spent hours waiting in line, so much so that they had to come back on different days.
The Gosik-Wolfes have encountered similar snafus as Pohle-Krauza. Their hyphenated last name has caused issues with their credit report, mortgage, and plane tickets. Despite the complications and stress, Lena is “grateful she did it."
Check state laws for updates regarding allowing men to use a marriage certificate in order to change their legal names after marriage.
The procedure for legally changing children's names is similar to that of adults, including filling out Form SS-5. The SSA website has an online guide that divides ages into two categories: up to 5 years old and 6-17 years old. Stepparents, adoptive parents, and legal guardians are taken into consideration. The adult will need to show proof of identity, proof of the child's identity, proof of guardianship, and proof of name change.
Like with other applications, documents must be original documents or certified copies with a raised seal, stamp, or signature and unexpired.
Documents cannot be:
The next steps are just like for an adult—choosing between an in-person appointment at the nearest SSA office or starting to complete the application online and then finishing the rest at the SSA office.
Children who are new citizens will need to wait 10 days after becoming a citizen before applying.
The new Social Security card for the child will be free.
How do you make sure your SSA records are accurate? After going through all the hoops of changing a legal name, it's essential to make sure the changes have gone through correctly with the SSA.
Every year, the SSA receives a copy of a Social Security recipient's Form W-2 (Wage and Tax Statement) from their employer. The SSA will compare the name and SSN on Form W-2 with the information in its records and add earnings to a person's Social Security earnings record. According to the SSA, it is critical that the name and Social Security Number on the Social Security card match an employer's payroll records and Form W-2. This will allow the SSA to credit earnings to the corresponding Social Security record. It is up to the individual to make sure that their Social Security records and an employer's records match.
If the name or number on the Social Security card is incorrect, contact any Social Security office to make changes. Check the Form W-2 to make sure your employer's record is correct, and if it isn't, give the employer accurate information. Double-check the earnings record with a personal Social Security account.
To review earnings, go to the SSA website and create an account.
There are some website services that offer ways to streamline the legal name change process, like updating documents for clients for a smaller fee. These sites tend to focus on recently married women. However, only the person applying for a name change can do that, not a company. At most, this service can save a little time and aggravation.
A replacement Social Security card is free if it is lost or stolen. However, cardholders are limited to three replacement cards in a year and 10 during a lifetime. Legal name changes and other exceptions don't count toward these restrictions. For example, changes in noncitizen status that require card updates may not count toward these limits. Also, an individual undergoing severe hardship who proves the need for the card may be approved.
For SSA purposes, a legal name consists of a first name and last name (or surname). A middle name and/or suffix are not considered part of a legal name.
The legal name is the name used to sign legal documents, deeds, or contracts. For SSA purposes, it tracks income and retirement benefits for individuals.
In many cases, applicants can notify the SSA and go through the process without legal help. For more complicated situations, it may require hiring an attorney who can help streamline the process and avoid making legal mistakes that can cause setbacks in obtaining a new SS card with the new legal name.
The SSA website has an interactive feature that helps guide applicants with what is needed. It has guides for U.S. citizens and foreign-born citizens.
For the new Social Security card itself, the process and card are free. In other instances, when it's necessary to hire an attorney, it could cost much more.
Under usual conditions, an applicant should receive the new Social Security card with the new legal name in seven to 10 business days. In complicated situations such as adoption, it could take several months.
Life events such as marriage or divorce are common reasons for updating a legal name.
Applicants must wait 30 days before changing legal names.
Visit the SSA website or call the nearest SSA office.
Visit the SSA website and search the “location finder" for the nearest office.
According to the SSA website, offices are busiest Mondays, the morning after a federal holiday, and the first week of the month. It's possible that the SSA office won't be able to serve everyone on a specific day. Another appointment or phone call on a different day may be necessary.
The SSA said masks are only required when the COVID hospital admission level in the area's local office is high. Offices will display signs if masks are required. Masks will be provided if needed. Physical distancing is recommended if COVID-19 hospital admission levels are medium or high. Visit the SSA website or call first, if possible, so you know what documents to bring. Find out which offices are closed or which offices are open by appointment only by visiting the SSA website.
“The applicant is back at square one. Apply again," said attorney Lois Varughese.
It depends on a specific situation and state laws, but most people will be able to accomplish a legal name change themselves. In cases such as adoption, for example, a family law attorney is recommended.
One estimate is $1,250 to $1,500, including filings.
Costs can vary. Below $100 up to $500 is common.
Six to eight months is average, according to attorney Lois Varughese.
Local state laws vary, so contact the nearest SSA office.
Any government-issued document is the first place to start. Banks, health care providers, schools, and voter registration are others.
Yes, a legal name change can't be for fraudulent reasons. Also, sex offenders with a pending criminal case or those undergoing bankruptcy proceedings are restricted from changing legal names.
No, the name on a birth certificate is the easiest way to define a legal name unless it's been officially changed through legal procedures.
The first version of SSA was rolled out in 1935, during President Franklin D. Roosevelt's term. This was during the Great Depression, and its aim was to provide social support for vulnerable populations such as the impoverished, the elderly, widows, and widowers with children as well as the disabled.
The present-day Social Security program is designed to pay income benefits to retired individuals after the age 65.
As of March 2023, 1 in 5 Americans receive Social Security benefits.
Social Security scams are at an “all-time high," according to the SSA. It's rare to be asked to show a physical Social Security card. Most of the time, the Social Security number itself is all that's required.
The SSA recommends keeping a Social Security card in a safe place with other important records rather than carrying it with you in a wallet or purse.
Don't give out the number, even when asked, unless the exact reason is offered and necessary. Giving out the number is on a voluntary basis, according to the SSA.
Although laminating a card for protection seems like a good idea, this interferes with security features, according to the SSA. Putting the card in a plastic, removable cover is one option.
The SSA website also has a version in Spanish. The SSA offers free interpreter services to conduct Social Security business. These interpreter services are available via phone or in person at a local Social Security office. For all other languages, stay on the line and remain silent during the English voice-automation prompts until the call is answered. The representative will contact an interpreter to help with your call. If the appointment can't be accomplished via phone, the SSA will make an appointment for the applicant at a local Social Security office and arrange for an interpreter to be there.
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