Tulsa Disability Attorney: DOMA Ruling Impacts SSDI Recipients

According to the National Organization of Social Security Claimants’ Representatives (NOSSCR), the Supreme Court’s ruling on the Defense of Marriage Act (DOMA) will have a positive impact for people receiving Social Security Disability Insurance (SSDI).

NOSSCR reported that DOMA “unfairly barred same-sex spouses’ eligibility for spousal benefits administered by the Social Security Administration, including disability benefits, retirement benefits and survivors’ benefits. It is discriminatory for the federal government to deny marriage protections and benefits to legally married same-sex couples.”

Last month, the Supreme Court overturned DOMA, saying it was unconstitutional in states where same-sex marriage is legal. NOSSCR reported that because the court overturned DOMA, “the federal government will have to respect the valid marriages of same-sex couples for purposes of federal statutes and programs, including Social Security.”

“I am very pleased to see that same-sex spouses will be allowed to share in partner disability benefits and retirement benefits, as they certainly share in the financial strain that having a disabled and out-of-work spouse causes,” Carolyn Kubitschek, attorney and chair of the NOSSCR Amicus Committee said in a statement.

If you have questions about whether you qualify for SSDI or Supplemental Security Income (SSI) benefits, and whether your benefits can be passed on to family members or dependents, you can visit our Social Security Death Benefits page and/or our Social Security FAQ page.

If you have questions about applying for SSDI, do not hesitate to contact our Tulsa Social Security Disability lawyers for a free evaluation of your case. You may also reach us by phone at (918) 265-1404.

Troutman & Troutman, P.C. – Tulsa Social Security Disability lawyers


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