Senate Democrats Seek to Expand Social Security Benefits for Same Sex Couples
A new Senate bill could expand Social Security benefits to cover the partners of same sex couples.
Social Security currently allows spouses to claim benefits when they turn 62 years old, even if they never worked and paid into Social Security. While states that recognize same sex marriage allow spouses in those relationships to file for benefits, the proposed bill would expand federal benefits to cover married partners who lived in states that did not recognize same sex marriage.
The bill, called SAME (Social Security and Marriage Equality Act), the Social Security Administration would grant spousal benefits to anyone who was legally married, regardless of where they live in the US. The bill would completely legally cover same sex couples who married in a state that recognized the marriage, but moved to another state that does not.
“The current delay of survivor benefits claims by the Social Security Administration not only places an unfair economic burden on legally married same-sex couples, but an extremely emotional one as well,” said Sen. Patty Murray (D-Wash.). “Your zip code should not determine whether or not your family will have the means to survive after the death of a spouse.
“While I believe the Social Security Administration can, and should, resolve this inconsistency through administrative action, the SAME Act would provide a roadmap to ensure equality under our federal laws do not end at state lines,” she said.
“Marriages don’t end when couples cross state lines, and neither should the federal benefits they have earned,” said Sen. Mark Udall (D-Colo.), a cosponsor of the bill. “Whether it’s veterans’ home loans or spousal survivor benefits, I won’t rest until the federal government treats all marriages equally.”
Marriage equality legislation has passed in 17 states, but the new Social Security legislation would require the remaining 33 states to extend benefits to couples who had legally married in a state that recognizes the union.
“There’s no excuse for the federal government to continue withholding certain federal benefits from legally married same-sex couples,” Udall added.
On June 26th, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. In February of this year, the Social Security Administration announced that, in conjunction with the Department of Justice, married same sex couples were eligible for the same Social Security Benefits as heterosexual married couples.
In a recent statement in March of this year about the SSI benefits, SSA acting commissioner Carolyn Colvin said, “As with previous same-sex marriage policies, we worked closely with the Department of Justice. With the release of these instructions, we continue our commitment to treating all Americans fairly, with dignity and respect.”
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Applying for Social Security Disability or Retirement Insurance can be complex. However, we understand that you need your benefits and we will put our years of experience to work for you to ensure that you have the representation necessary to actively pursue your claim. Call the attorneys at the Strom Law Firm today to discuss your Social Security Disability or Supplemental Security Income case today. We will be glad to discuss any questions you may have during our free, confidential consultation. Call the experienced attorneys at the Strom Law Firm at (803)252-4800.
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