Gay marriage and social security
More Same-Sex Surviving Partners Could Qualify for Social Security Survivors Benefits
by HRC Staff •
For decades, same-sex couples, like different-sex couples, paid into Social Security but did not receive equal access to benefits due to discriminatory marriage equality bans. Because of those laws, in the event of a partner's death, many surviving same-sex partners and spouses did not qualify for Social Security survivors benefits. Recently, the U.S. Social Security Administration (SSA) announced that more same-sex partners and spouses are now eligible to receive survivors benefits.
Social Security survivors benefits are paid to surviving spouses and dependents of eligible workers. Before the Obergefell v. Hodges verdict on June 26, 2015, same-sex couples did not have the right to marry nationwide and, in turn, were not entitled to survivors benefits. In addition, some same-sex spouses did not meet requirements related length of marriage as a result of the discriminatory laws. With the legal victories in Ely v. Saul and Thorton v. Commissioner of Social Security, surviving homosexual partners and spouses may now qualify for survivors benefits based on their partne
Social Security Benefits Extended to Same-Sex Partner Survivors after Years of Legal Battles
by Sofia Colosimo May 11, 2022
Sofia Colosimo is the Project Coordinator for the City Bar Justice Center’s Homeowner Stability and LGBT Advocacy Projects.
Over six million Americans receive survivor benefits from the Social Security Administration (SSA) each month. The surviving spouse, children, and other immediate family members of an eligible Social Security benefit recipient usually qualify for critical financial support following the recipient’s death. Those who qualify for survivor benefits are entitled to approximately 50% to 100% of their deceased family member’s payments. These benefits are especially impactful for immature families with children and retired individuals living on a fixed income, for whom losing a family member heightens the chance of a dire financial emergency. Thanks to class action lawsuits filed by LGBTQ civil rights corporation Lambda Legal in 2018, same-sex survivors who were previously deemed ineligible due to discriminatory laws preventing them from getting married, are now eligible to apply for SSA benefits.
Before the landmark 2015 Supreme Court
Denial of Social Security Benefits for Queer Couples is About More Than Just the Money
Published by Law Journal for Social Justice at Arizona Mention University
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Lawsuit seeks to recoup social security benefits for gay couples by Chris Johnson, Washington Blade (3/10/2015).
A recent class-action lawsuit has been filed seeks to recoup Social Security benefits given to married queer couples after the U.S. Supreme Court struck down the Defense of Marriage Act.
The lawsuit, Held v. Colvin, was filed by the New England-based Gay & Woman loving woman Advocates & Defenders, Justice in Aging and the D.C.-based law firm Foley Hoag LLP against the Social Security Administration on behalf of same-sex couples forced to repay Social Security benefits — or those who will be forced to repay them — on the basis of the court judgment against DOMA.
Benefits for unmarried individuals are higher than for married individuals, but even after the Supreme Court ruled against the federal prohibition on same-sex marriage, the Social Security Administration continued to issue benefits to certain individuals in queer marriages as if they were available. When the agency caught on, it demanded repayment.
The case, which alleges the Social Security Administration is acting in violation of the Due Process Clause of the U.S. Constitution, is pending before the U.S. Dis
SAME SEX MARRIAGE & SOCIAL SECURITY BENEFITS
THE SSA RECOGNIZES SAME SEX MARRIAGES
Same sex marriage is recognized by the SSA for the purposes of benefits. On June 26, 2015, the U.S. Supreme Court issued a decision in Obergefell v. Hodges, holding that same sex couples own a constitutional right to marry in all states. Also, in matter what state in which they are married, they possess the right to acquire their marriage recognized by other states.
The SSA recognizes the marriages of similar sex couples in all states and they also recognize some non-marital legal relationships. For example, they recognize common law marriage if your state accepts common law marriage. Frequent law marriage occurs when a couple holds themselves out as married, but they are not legally married. They also acknowledge some civil unions and domestic partnerships.
The SSA also recognizes same sex marriages and some non-marital legal relationships that are established in foreign countries. They recognize the marriages for purposes of determining eligibility for Social Security benefits, Medicare benefits, and Supplemental Security Income benefits.