November 15, 2007

SSA Won’t Mail No-match Letters This Year

The Social Security Administration (SSA) will forgo issuing no-match letters to employers this year because of the pending lawsuit challenging the Homeland Security Department’s (DHS) worksite enforcement regulations. United Fresh, along with American Nursery & Landscape Association, U.S. Chamber of Commerce and other associations, is a party to the lawsuit, which was filed in California last August.

On Oct. 10, a federal judge in California granted a preliminary injunction barring SSA from sending out the no-match letters because it is being argued that DHS did not follow proper procedures under the Administrative Procedures Act before threatening possible criminal and civil liability for employers that failed to respond to the letters. Under the act, DHS is first required to analyze the impact of its regulations on businesses.

SSA spokesman Mark Hinkle said SSA would not issue any employer no-match letters during 2007. However, SSA will resume the issuance of no-match letters in 2008 and focus on wage reporting for 2007.

For additional information regarding SSA and DHS policies regarding “no-match” letters, visit SSA’s Web site, www.ssa.gov.





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