Spousal Benefits Through Social Security Apply to Same Sex Couples
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.
The Social Security Administration’s decision now applies retirement and surviving spouse benefits to same sex couples who are legally married in states that recognize same sex marriage.
In a recent statement 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.”
To receive Social Security Insurance benefits, same sex couples must satisfy the eligibility requirements that apply to heterosexual married couples, the couple must be legally married in a state that recognizes same sex marriage, and they must live in a state that recognizes same sex marriage when filing for Social Security benefits.
Some same sex couples filed Social Security claims in states that did not recognize same sex marriage, although the couple had been legally married in a state that does recognize same sex marriage. Until further guidance from the Department of Justice, those claims are being held, and neither granted nor denied. However, the SSA does encourage same sex couples to file claims if they are unsure whether or not they qualify.
“This is a milestone change, bringing equal treatment under law to millions of couples who were previously left without Social Security spousal benefits,” said Andy Landis, author of Social Security: The Inside Story.
What types of Social Security Benefits are Available?
Depending upon the facts of your case, you, your kids, and/or your spouse may be eligible for a range of disability benefits under the Social Security Act.
If you suffer from a disability or are retirement age, you may be eligible for Social Security disability benefits that include:
- Social Security Disability benefits
- Supplemental Security Income or SSI
- Widow/Widower’s benefits
- Retirement Benefits
- Medicare/Medicaid benefits
- Children and Dependent’s benefits
The type of benefits to which you may be entitled depends upon your income and how long you have worked.
Under the Supplemental Security Income program, the government provides payments to an adult or child who is disabled and has limited income and resources. SSI provides money so that you can meet your basic needs such as shelter, food, and clothing. SSI benefits are only paid to the individual, and cannot be transferred or provided to a family member or survivor.
The amount of SSI benefits that you will receive depends upon your income and how many people you have in your household.
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.
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