The California Litigator

January 1, 2011 
 
By Barbara Haubrich-Hass, ACP/CAS
 
A.  Obtaining Your Client’s Earning’s History
 
Clients are not always the best historians when it comes to their employment or earnings history.  In fact, a party in a civil action in California must provide this information in response to Form Interrogatory number 2.6, which asks for the responding party’s employment history for five years prior to the incident.  This information is also very important when there is a client with a future loss of earnings and/or a loss of earning capacity claim.  An economist and vocational rehabilitation expert requires this information in order to form an accurate opinion and calculate the loss.  
 
Procedure to Obtain a Client’s Employment and Earnings History:
  1. Have the client complete and sign form SSA-7050-F4, Request For Social Security Earnings Information.
  2. In most circumstances, SSI charges a fee.  The fees are outlined on Form SSA-7050.  Confirm the fee before sending in the form.  Enclose a check or money order for the entire fee required. Payment can also be made by credit card.
  3. Mail to:  Social Security Administration Division of Earnings Record Operations, P.O. Box 33003 Baltimore, Maryland 21290-3003.

Another way to obtain a client’s earnings history is to have your client request his or her Social Security Statement.  Form SSA-7004, Request for Social Security Statement can be used to get a record of a client’s Social Security Statement.  Simply have your client fill out and sign Form 7004, and mail it to:  Social Security Administration, Wilkes Barre Data Operations Center, P.O. Box 7004, Wilkes Barre, PA  18767-7004.

B.  Obtaining Social Security Lifetime Earnings History of a Decedent in a Wrongful Death Case

There will be times in a wrongful death action when the heirs will be unable to obtain the decedent’s earnings history.  The decedent’s earnings history is important in order to support the damages related to the death.  One way to confirm the decedent’s income at the time of death is to obtain a copy of the decedent’s employment records.  But if the employment records do not provide a consistent earnings history, it will be necessary to obtain a certified copy of the decedent’s Social Security lifetime earnings history through the Social Security Administration.  A request for the lifetime earnings history of a deceased person can only be requested if you are the legal representative of the estate, an heir, or an individual with a financial interest who is an heir at law, next of kin, or beneficiary under the estate.  Proof of an appointment as the representative or proof of the relationship to the decedent, and proof of death, must be included in the request.   
 
 
Procedure to Obtain a Decedent’s Lifetime Earnings History:
  1. Complete form SSA-7050-F4, Request For Social Security Earnings Information with the information of the decedent.
  2. Attach a copy of the Death Certificate of the decedent and the proof of the relationship to the decedent of the client.
  3. Attach the appropriate fee.
  4. Mail to:  Social Security Administration, Division of Earnings Record Operations, P.O. Box 33003, Baltimore, Maryland 21290-3003.

 

Do you want to use this article? You can so long as you include this entire blurb with it: "Barbara Haubrich-Hass, The California Litigator, publishes an e-zine that delivers simple discussions and strategies for the California civil litigation professional. Barbara’s discussions focus on common paralegal and law office tasks, such as pre-litigation document gathering, document preparation, filing rules, law and motion, discovery, arbitration, trial, deadline calculation, and post-trial procedures. More information is available at http://www.thecalifornialitigator.com

©Copyright 2011 All Rights Reserved

DISCLAIMER: Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this newsletter, or to any other website to which this e-zine/article may be linked.

Comments  

 
0 #3 go to the website 2014-04-07 12:56
Fine way of explaining, and nice piece of writing to obtain data on the
topic of my presentation subject matter, which i
am going to deliver in university.
Quote
 
 
0 #2 construire-en- 2014-04-07 10:23
This is a topic which is close to my heart... Best wishes!
Where are your contact details though?
Quote
 
 
0 #1 Philip Guernsey 2013-10-11 11:06
great
Quote
 

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Do you want to use any of the articles on this website? You can so long as you include this entire blurb with it: "Barbara Haubrich-Hass, The California Litigator, publishes an e-zine that delivers simple discussions and strategies for the California civil litigation professional. Barbara’s discussions focus on common paralegal and law office tasks, such as pre-litigation document gathering, document preparation, filing rules, law and motion, discovery, arbitration, trial, deadline calculation, and post-trial procedures. More information is available at http://www.thecalifornialitigator.com

 

DISCLAIMER:  Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this website, or to any other website to which this website or articles may be linked.