Skip to main content
Accessibility  |  About  |  Contact  |  Privacy  |  Terms

Same-sex Couples Can File for Social Security Disability Benefits

  • Published: 2013-11-02 : Manring & Farrell (www.manringfarrell-socialsecuritylaw.com).
  • Synopsis: U.S. Social Security now processing some retirement spouse claims for same-sex couples and paying benefits where due.

Main Document

Quote: "SSA states that the filing date is used to determine the start of potential benefits and thus earlier filing means an earlier start to benefits."

Recently, the Acting Commissioner of Social Security announced that the Social Security Administration is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due.

In a press release on August 9, 2013, the Acting Commissioner of Social Security announced that, due to the U.S. Supreme Court's decision in U.S. v. Windsor that declared Section 3 of the Defense of Marriage Act unconstitutional, the Social Security Administration is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due.

SSA will be working with the Department of Justice to develop and implement additional policy and processing instructions regarding same-sex couples. To that end, SSA encourages individuals who believe that they may be eligible for Social Security benefits to apply now, to protect against the loss of any potential benefits. SSA will process claims as soon as additional instructions become finalized.

An important distinction

The IRS only recognize those same-sex couples who have memorialized their union through marriage (technically, Rev. Rul. 2013-17 states that, for federal tax purposes, the term "marriage" does not include registered domestic partnerships, civil unions, or other similar formal relationships recognized under state law that are not denominated as a marriage under that state's law, and the terms "spouse," "husband and wife," "husband," and "wife" do not include individuals who have entered into such a formal relationship; this conclusion applies regardless of whether individuals who have entered into such relationships are of the opposite sex or the same sex). However, SSA urges immediate filing since it is still working with the Department of Justice on its own policy; SSA states that the filing date is used to determine the start of potential benefits and thus earlier filing means an earlier start to benefits.

An Ohio update on same-sex rights

Although Ohio bans same-sex marriage by statute and by its constitution and also claims to not recognize other states' same-sex marriage, a federal judge ruled in July that two Ohio men's Maryland marriage would be recognized in Ohio, allowing a Cincinnati man to be buried next to his dying husband. The federal judge accepted the argument that Ohio law recognizes marriages from other states that are against Ohio public policy, including marriages between first cousins and between people too young to marry in Ohio. This case has grown into a class action lawsuit to require Ohio to recognize same-sex marriage on death certificates. Thus, like the rest of the nation, the law on this area is still very unsettled.

Social Security Disability law is often confusing

Even in situations where SSA is not reviewing its own regulations, as it is with regard to same-sex benefits. Consulting an attorney knowledgeable with the ins and outs of Social Security law will help you if you have any questions about your eligibility for benefits or how to follow SSA's rules and regulations.

Similar Topics

1 : US-Born Workers Receive Disability Benefits More Often Than Workers From Abroad : University of Chicago Medical Center.
2 : 2018 COLA - 3rd Year With No Net Growth in Social Security Benefits : The Senior Citizens League.
3 : Social Security Announces 2% COLA Benefit Increase for 2018 : The United States Social Security Administration.
4 : Social Security Task Force Statement on H.R. 2792 : CCD Social Security Task Force.
5 : Social Security COLA Forecast For 2018 is 1.8 Percent : The Senior Citizens League.
From our U.S. Social Security section - Full List (168 Items)

Submit disability news, coming events, as well as assistive technology product news and reviews.


Loan Information for low income singles, families, seniors and disabled. Includes home, vehicle and personal loans.


Famous People with Disabilities - Well known people with disabilities and conditions who contributed to society.


List of awareness ribbon colors and their meaning. Also see our calendar of awareness dates.


Blood Pressure Chart - What should your blood pressure be, and information on blood group types/compatibility.





1 : Newborns Who Experience Stroke Regain Language Function in Opposite Side of Brain
2 : Cognition and Emotion Play a Role in Predicting Quality of Children's Friendships
3 : Metabolomics - Promising Tool for Advancing in Treatment Personalization of Oncological Patients
4 : Climbing Stairs Lowers Blood Pressure and Strengthens Leg Muscles

Citation


Disclaimer: This site does not employ and is not overseen by medical professionals. Content on Disabled World is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. See our Terms of Service for more information.

Reporting Errors: Disabled World is an independent website, your assistance in reporting outdated or inaccurate information is appreciated. If you find an error please let us know.