How do I prove to Social Security that an account is not mine?
I have a question regarding a Social Security Administration request for all the statements for the previous two years of an account that my name is on, but I don’t have access to. Is there any type of affidavit that I can have the actual account holder and myself sign and get notarized to show that I actually had no access to these funds — I never have — and the money in the bank account that is attached to my name actually has no access by me and has never been my funds, so it doesn’t get counted toward my Social Security income in the state of Oregon?
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Social Security rules say that if your name is on a joint bank account, they assume all the money in it belongs to you. That’s why this issue comes up so often. But you have the right to prove otherwise, and the way to do that is through affidavits.
An affidavit is just a sworn written statement, signed in front of a notary. Your ex-spouse’s affidavit should explain that your name was added only for survivorship, that you never deposited or used the money, and that you never had access to the account.
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I have a question regarding a Social Security Administration request for all the statements for the previous two years of an account that my name is on, but I don’t have access to. Is there any type of affidavit that I can have the actual account holder and myself sign and get notarized to show that I actually had no access to these funds — I never have — and the money in the bank account that is attached to my name actually has no access by me and has never been my funds, so it doesn’t get counted toward my Social Security income in the state of Oregon?
Lexi, Chatbot
I understand how concerning this situation must be for you. Have you already contacted the account holder to discuss your lack of access to the funds?
Yes
Lexi, Chatbot
Are there any specific documents or forms that the Social Security Administration has requested from you regarding this account?
They are requesting past 2 years of statements.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your Social Security request.
No
Jon
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
I understand legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and guide you toward the right solution for your situation.
Jon
Can you clarify if there are any specific reasons provided by the Social Security Administration for requesting the bank statements? And what steps have you taken so far to address this issue with the Social Security Administration?
They gave me a limit of ten days to provide them with the statements, or my benefits will be denied.
Jon
What specific information or documentation do you believe would help clarify your lack of access to the funds in the account?
They gave me a 10-day deadline, and I haven’t been able to contact the original account holder because I don’t have contact with them anymore. I tried to contact the Social Security Administration and I keep getting told that I have to provide it no matter what, even though I’ve tried to escalate it to a supervisor, but the employee that works there will not allow that for some reason.
Jon
Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I’ll get started right away.
I have just recently, within the past two days, contacted and got in touch with the original account holder — the main one who uses the bank account actively — and I would like to know if there’s any kind of document, like an affidavit, that I can have them sign to provide to the Social Security Administration stating that I have no access to the funds, that they do not belong to me, and they shouldn’t reflect any of my income.
Jon
Got it! I just need a few minutes to finish typing a full response for you. It won’t take long — about 4 or 5 minutes — because I want to make sure it’s thorough and thoughtful. Thanks for your patience!
Jon
This is a stressful situation, especially with Social Security’s strict deadline and your lack of access to the records they’re asking for.
The important thing is that you’ve been able to get in touch with the other account holder, because that gives you the clearest path forward.
Jon
Social Security rules say that if your name is on a joint bank account, they assume all the money in it belongs to you. That’s why this issue comes up so often. But you have the right to prove otherwise, and the way to do that is through affidavits.
An affidavit is just a sworn written statement, signed in front of a notary. Your ex-spouse’s affidavit should explain that your name was added only for survivorship, that you never deposited or used the money, and that you never had access to the account.
Jon
It should also list the bank and account details. You should write your own affidavit too, confirming the same facts and explaining that you can’t get the records because you don’t have legal access. Both documents must be notarized.
Once the affidavits are signed, submit them immediately to Social Security — hand-deliver them and get a receipt if possible, or use certified mail. Call Social Security again, ask for a supervisor, and explain that you’ve provided notarized affidavits since the records are out of your reach.
If they still deny you, you can appeal. Your affidavits will be strong evidence in that process.
The key right now is speed: prepare, notarize, and submit the affidavits as soon as possible. That gives you the best chance to meet the deadline and protect your benefits.
They live far away from me and there’s no possible way for us to actually get it notarized in person. Do you have any idea? Are there any online services that can do online notary, or even an e-sign — would that work to get notarized?
Jon
Given the tight deadline and the distance, your best and most secure option is to use an online notary service. These services are legal and accepted by the Social Security Administration.
Instead of meeting in person, you and the other account holder will connect with a notary public via live video call. The notary will verify your identities using photo IDs and personal verification questions. Once confirmed, you’ll both electronically sign the affidavits, and the notary will apply their digital seal.
This process is different from a simple e-signature, as it provides the legal verification the SSA is looking for. After notarization, you’ll receive a secure, tamper-proof PDF. Send both notarized affidavits to the SSA via certified mail or hand-delivery to meet your deadline.
Where are you? Can I pick up an affidavit? Do you possibly have one in your files that I can copy and paste?
Jon
I am sorry, but we are not for private hire.
Sorry, where can I get an affidavit like the one you’re speaking of? Do you have a copy — something I can copy and paste to send to the actual account holder and for me to sign as well so we can get it notarized?
Jon
It would have to be drafted by someone; there is no standard form to use. Finding a highly rated and trustworthy lawyer in your area is straightforward. You can visit Avvo.com to search for legal professionals who can assist you.
If you’re on a tight budget or have low or no income, search for a county legal aid office nearby — they may offer free assistance.
Jon
You can use the SSA-2574 form. Search for that form number on Google — it should be the first link.
Jon
I apologize, but we can only answer questions here. We cannot provide documents.
Jon
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