In June of this year, the Supreme Court ruled that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. This is the section of the law that excludes same-sex marriages, and it impacts an incredible number of federal laws – more than 1,000. One of the biggest laws impacted is the Social Security Act, and the SSA’s still trying to figure out exactly how this ruling’s going to impact eligibility for benefits going forward.
What this means for same-sex partners is that they still don’t know exactly what kinds of benefits their dependents and survivors might be able to get. It’s a frustrating position to be in, but definitely a lot better than the one they were in before the June ruling. After all, “we don’t know” can’t help but be a step up over “you get nothing.”
And while we don’t know exactly what will happen, it’s clear that two very specific definitions will be affected:
- What makes someone a “spouse” of the person earning wages, and
- What makes someone a wager-earner’s child.
So, what’s next? Do same-sex partners just have to wait around until the powers that be figure things out? Not at all. The new ruling’s opened up a lot of possibilities they can put in motion while waiting.
What Same-Sex Married Couples Can Do Right Now
Even while the SSA is trying to determine the full impact of the ruling, they’ve already made some changes, and same-sex married couples can take advantage of them immediately.
Apply for benefits. Claims representatives are “taking and holding” new claims from same-sex spouses, survivors, and even some children.
Appeal denials. If you applied for benefits based on your same-sex marriage in the past and were denied, you can now appeal that decision. Children who are products of same-sex marriages may also be able to appeal, but the rules aren’t as clear-cut here.
For a free legal consultation, call 800-562-9830
Things Are Murky – Have an Expert Answer Social Security Questions
If you really want the most accurate answers to questions like these, it’s important to become informed and speak with a Social Security Disability lawyer. This blog will always have the most current Social Security Disability information, and you can learn how the entire disability application process works in our free eBook. And, of course, you can always contact me directly so we can go over the specifics of your case.
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