Tag Archives: GayMarriage

Lawmakers Upset With the SSA’s Treatment of Gay Couples

The Huffington Post reported last week that 38 Senators and 83 Representatives from Congress sent a letter to the Social Security Administration (SSA) detailing their frustrations with the agency’s treatment of same-sex individuals. The group, led by Sen. Elizabeth Warren and Rep. Mark Takano, says the SSA is wrong in its attempt to seek money from legally married gay and lesbian couples who received incorrect payments for benefits following the Supreme Court’s take down of the Defense of Marriage Act in 2013. After DOMA was overturned, the SSA continued to treat many people in same-sex marriages as single individuals, resulting in higher benefit payouts, according to the Post. As a result, the SSA has responded by demanding the money back. Some individuals have allegedly received letters from the SSA informing them that they received thousands of dollars in overpayments. “SSA should not penalize people who are poor, elderly or disabled because SSA…
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Federal Government: Gay Couples Eligible for Social Security

In August, the Justice Department told lawyers that the Social Security Administration would apply the Supreme Court’s June same-sex marriage ruling when it came to benefit claims. According to the New York Times, same-sex couples living in states where their unions were not previously recognized will now be able to collect Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. “[T]he rules are expected to be applied to previously filed claims that are pending in the administrative process or litigation,” the Times reported. The SSA did not comment on the situation. Previously, the SSA used state laws to determine marital status, so couples living in states that did not recognize same-sex marriage (which, prior to 2014, included Oklahoma) were unfortunately out of luck when it came to collecting benefits. Marriage can greatly determine eligibility and payments, depending upon which program you collect benefits from. The big take away…
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Same-Sex Couples Can Collect Social Security Benefits

Last month, in an historic ruling, the Supreme Court legalized same-sex marriages throughout the country, overriding states that had enacted bans. Because of this, if you collect Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and you are in a same-sex marriage, your husband or wife may be able to collect spousal benefits. If you would like information about benefits for qualified relatives, you can click here. Same-sex marriages are not expected to be treated differently than heterosexual unions by the Social Security Administration (SSA). The agency began updating its policies in 2013 for same-sex claims and payouts, allowing couples living in states without bans to collect benefits. After the Supreme Court ruling, the SSA said it would be consulting with the Department of Justice about how to issue instructions to local offices about handling same-sex marriage claims. It is expected that there may be a rush for…
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