SSA Rules Same Sex Couples Entitled to Social Security Benefits

On Friday, June 20th, the Social Security Administration announced that same sex couples entitled to social security benefits.  The agency will expand benefits granted to same sex couples, so that any couple who is legally married can apply for social security benefits.

Previously, the administration allowed couples that resided in states that recognized same sex marriage to apply for benefits, but not couples who resided in one of the 31 states that ban same sex marriage.

However, as the Supreme Court strikes down the legal basis for such marriage equality bans, the Social Security Administration has stepped up to state that, if a couple married in a state that recognizes same sex marriage, then they may apply as a married couple for social security benefits, regardless of which state they currently reside in.

“As with previous same-sex marriage policies, we worked closely with the Department of Justice,” said Carolyn W. Colvin, Acting Commissioner of Social Security. “We are bound by the law within the Social Security Act, and we have to respect state laws.  We remain committed to treating all Americans fairly, with dignity, and respect.”

The new Social Security Administration policy recognizes non-marital legal relationships as marriages in order to define the benefits’ entitlements, according to the press release.

“The Justice Department and other federal agencies have been working to implement the Supreme Court’s ruling,” NPR’s Tamara Keith reports, “and according to a White House official, in almost all instances federal benefits and obligations will be provided for same-sex couples — no matter where they live.”

These areas include not only Social Security Income, but veterans benefits for same sex couples.

In May of this year, the Senate introduced a 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.

The Strom Law Firm Can Help with Social Security Benefits Claims

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.