Social Security Spousal Benefits Still Denied Same Sex Couples in Some States, Despite SSA Ruling

On June 20th, 2014, the Social Security Administration announced that same sex couples were entitled to Social Security Spousal benefits if the couple is legally married. The statement included couples who lived in states that did not have marriage equality legislation, but who had married legally in a state that did have marriage equality legislation.

However, Social Security Spousal benefits are still being denied to same sex couples in some parts of the country. One such woman, Kathy Murphy, is suing the Social Security Administration for denying her spousal benefits in July of this year.

Murphy and her partner, Sara Barker, married in Massachusetts in 2010 when the state became one of the first to pass marriage equality legislation that would allow same sex couples the same legal benefits of marriage as heterosexual couples. However, the couple resided in Texas, where they had lived in a ranch house together for 30 years. The same year they married, Barker was diagnosed with cancer. She died in 2012.

“It’s like getting kicked when you’re down,” said Ms. Murphy, 62. “Somebody applying for survivors benefits has already suffered loss. The last thing you want is someone to tell you your marriage isn’t legal and you’re not worthy.”

“It is a major issue for older Americans who are lesbian and gay,” said Susan Sommer, an attorney at Lambda Legal who filed the lawsuit last month.

“They started to pull down the barriers,” she said. “They took risks to live with their spouses. They lived to see the Windsor case. And now that they’re aging and need benefits, the federal government is telling them they’re not married.”

Although the Social Security Administration, and its benefits like retirement, disability, and spousal benefits, are at the federal level, the SSA contends it still must abide by individual state regulations in some instances. The Supreme Court is striking down gay marriage bans across the country, but some of those states are already filing appeals.

A similar lawsuit has been filed by a Chicago man who lost his husband, and was denied benefits by the Social Security Administration. Dave Williams, a widower who formerly lived in Arkansas, filed for Social Security Spousal benefits after the death of his husband, Carl Allen, in 2010. The pair lived in Arkansas for years, and Williams cared for Allen after he became disabled in 2009. The previous year, they traveled to California to get married, legally, but Allen died in a state that did not recognize the couple’s marriage.

“Carl and I shared a life of great respect, trust, and deep love,” said Dave Williams. “There’s not a day that goes by that I do not think of him. Knowing the state of Arkansas and the federal government have not recognized and respected our marriage— this is something that seems so unfair to me and to his memory. I know Carl would be pleased that we will have our day in court.”

“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 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. (803)252-4800.