Do I Need a Social Security Number to Make an Injury Claim in Utah?
Short answer: No. You can make an injury claim in Utah without a Social Security number. We have not found any Utah statute or court rule that makes having one a condition of filing an insurance claim or an injury lawsuit. When an adjuster asks for the number, the request usually traces back to a federal Medicare reporting law, and federal guidance gives insurers a documented way to keep going when a claimant has no number to give. An ITIN is something else: a tax number issued by the IRS, which matters mainly at tax time.
Why adjusters ask for the number
Ask most adjusters why they need a Social Security number and the honest answer is Medicare. Under a federal reporting requirement known as Section 111, liability insurers, no-fault (PIP) insurers, and workers' compensation plans must "determine whether a claimant (including an individual whose claim is unresolved) is entitled to benefits" under Medicare, and must report the claim to the federal government if the claimant is (42 U.S.C. § 1395y(b)(8)). The goal is coordination: Medicare should not end up paying for crash-related care that an insurer owes.
To run the check, the insurer sends the Centers for Medicare & Medicaid Services (CMS) a Medicare number or a Social Security number, plus the claimant's name, date of birth, and gender. The CMS Section 111 user guide allows the insurer to send only the last five digits of a Social Security number instead of all nine. The same guide says an insurer that fails to report can face a civil money penalty of up to $1,000, adjusted for inflation, for each day of noncompliance. That penalty explains why the question comes up so often, and so early. It is a Medicare question, not a judgment about whether your claim is valid.
If you don't have a Social Security number
CMS planned for claimants who cannot or will not give the number. It publishes model language that insurers can send. The form explains the reporting law, shows a picture of a Medicare card, and asks for a Medicare number. Someone who can't provide that and is uncomfortable giving a full Social Security number can give the last five digits instead. A final section lets the claimant sign a statement listing the reasons the information was not provided.
In a compliance alert, CMS said that when a claimant refuses to furnish a Medicare or Social Security number and the insurer obtains a signed copy of the model language, CMS will consider the insurer compliant for its next reporting submission. If the insurer is paying ongoing medical expenses, the form must be re-signed at least once every 12 months. CMS added two limits: the process is not a "safe harbor" for an insurer that knows the person is a Medicare beneficiary, and insurers do not have to use CMS's exact wording.
In practice, if you have no number, your attorney tells the adjuster in writing and deals with whatever form the insurer sends. A blank space is fine. A number that is not your own is not.
If you are on Medicare
Then give the Medicare number. The CMS form explains that Medicare may make a "conditional payment" when another insurer is slow to pay, and then recover that money after the other insurance pays. It also warns that a beneficiary who withholds the information may be violating the obligation to help Medicare coordinate benefits. Sorting out the Medicare piece early avoids surprises when the case settles.
What an ITIN is, and what it does not do
The IRS describes an Individual Taxpayer Identification Number as "a 9-digit number the IRS issues if you need a U.S. taxpayer identification number for federal tax purposes, but you aren't eligible for a Social Security number." You apply with Form W-7, by mail or in person, and generally include a tax return with the application (IRS ITIN overview).
The IRS is just as clear about the limits. An ITIN does not authorize work in the United States, does not provide or change immigration status, does not qualify anyone for Social Security benefits or the Earned Income Tax Credit, and does not serve as identification outside the federal tax system.
Two practical points follow for an injury claim:
- An ITIN is not a Social Security number. The CMS matching process described above uses a Medicare number or a Social Security number; the user guide does not list an ITIN. If a form asks for a Social Security number and what you have is an ITIN, tell your attorney rather than writing the ITIN in that box.
- An ITIN is for taxes. If you have a federal tax filing to make, including one connected to a settlement, the ITIN is the number the IRS designed for people who cannot get a Social Security number.
Is an injury settlement taxed?
Much of it often is not. Under 26 U.S.C. § 104(a)(2), gross income does not include damages, other than punitive damages, received "on account of personal physical injuries or physical sickness," whether paid after a lawsuit or by agreement. IRS Publication 4345 names the main exceptions:
- Punitive damages are taxable, even in a physical injury case.
- Interest on a settlement is generally taxable.
- Medical expenses you deducted in an earlier year are taxable to the extent the deduction gave you a tax benefit.
- Emotional distress damages that do not come from a physical injury or physical sickness are taxable, reduced by certain related medical costs.
The way a settlement is divided can change the answer, and every household's tax picture is different. Ask a tax professional about your own situation.
PIP and wage loss without a Social Security number
Personal injury protection pays no matter who caused the crash. The exclusions Utah allows a PIP insurer to apply, listed in Utah Code § 31A-22-309(2), do not include being at fault. The benefits are set by § 31A-22-307: at least $3,000 per person for medical care, partial replacement of lost income, and a daily allowance for household services. Neither section mentions a Social Security number.
For wage loss, what counts is proof. Benefits become overdue if the insurer does not pay within 30 days after it receives "reasonable proof of the fact and amount" of the loss (§ 31A-22-309(5)). The wage benefit need not be paid for the first three days of disability unless the disability lasts longer than two consecutive weeks after the injury (§ 31A-22-307(1)(b)(i)). Proof of earnings means records of the work itself: pay stubs, a letter from your employer stating your schedule and rate of pay, or tax returns if you file them. Our checklist of documents for an injury claim lists what else to gather.
Keeping your number out of court files
If you do have a Social Security number, Utah's court rules keep it out of the public record. Rule 4-202.09(10) of the Utah Code of Judicial Administration says the person filing a public record "shall omit or redact non-public information." When a Social Security number is required in a public record, only the last four digits may appear, and private identifying information the court needs goes on a separate cover sheet classified as private.
That rule governs court filings. A Medicare check by an insurer is a separate step, and your attorney can explain what each request is for before you answer it.
How settlement money reaches you
When a claim settles, the check is made payable to our firm's trust account. You are then paid your share from that account.
Common questions
Can the insurer refuse to move forward without my Social Security number?
CMS guidance does not treat a missing number as the end of the matter. Its model form has a place to state why the information was not given, and CMS treats a signed form as compliance for the insurer. If an adjuster says the claim is stuck until you provide a number, let your attorney answer.
Does the question mean they are checking my immigration status?
The federal law and the CMS form describe the purpose as coordinating benefits with Medicare. For how status relates to an injury claim, read whether you can bring an injury claim regardless of immigration status. For any question about your status itself, talk to an immigration attorney. We do not give immigration advice.
Can I give only part of my number?
CMS lets insurers run the Medicare check with the last five digits of a Social Security number, and its model form offers that option.
Do I need to get an ITIN before I make a claim?
No. An ITIN exists for federal tax purposes. Whether you need one depends on whether you have a tax filing to make, which is a question for a tax professional.
Talk with us
An attorney reviews every case at the start. After you hire us, our legal team handles the insurers' requests, including this one, and keeps you informed. Call (801) 921-5134 or send us a message.
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