Discovery of nine digits known as Social Security numbers (SSNs) in personal injury lawsuits is a phenomenon. Why do defendants request them? Under what conditions should plaintiffs exchange them?

First, a little history. SSNs were issued in 1936 as part of the New Deal, and the trend developed to apply for same at birth if born in America. Until 1972 the lower front area of the card upon which the SSN was printed had a legend that stated “FOR SOCIAL SECURITY PURPOSES—NOT FOR IDENTIFICATION.”1 Aside from causes of action for lost wages, etc., where the responsive material need exists for defense counsel to obtain records indexed under an SSN identifier, such as income tax records, SSNs are nevertheless a pervasive and broadly made boilerplate discovery demand.

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