In the personal injury regime of litigation, the plaintiff’s Social Security number is a significant datum used to determine whether the claimant has prior claims by way of a Claim Index Bureau check, and to determine salary history in the case of a lost earnings claim. In addition, it is used to assure whether the claimant is who they say they are. Name, address, date of birth, and Social Security number—that information is gleaned within the first 10 questions of a typical PI plaintiff’s deposition. Well, usually.
Expect plaintiffs’ counsel to site an article by Jeffrey K. Levine, “Social Security Numbers: Nine Non-Discoverable Digits,” (Aug. 9), as authority for the proposition that Social Security Numbers are not discoverable in the context of an examination before trial or CPLR Article 31 motion practice.
