Same sex marriage social security
Same-sex marriage: How does the Social Security Administration look at my marriage?
A Supreme Court decision made same-sex marriage legal in the U.S. in Now, the Social Security Administration (SSA) treats all marriages the same.
What counts as a marriage?
SSA looks at state law to settle if you are married. They may decide you are married if:
- You had a ceremony while your state allowed same-sex marriage
- You didn’t have a legal marriage ceremony under state law, but you live like you are married and tell people that you are married
- You had a marriage ceremony before your articulate allowed same-sex marriage
They will reckon the day you had the ceremony as the day you were married.
Why does it matter if I'm married?
Your Social Security benefits can change if you are married.
You might get more benefits if your spouse has worked more than you. You might get less benefits if your spouse has income and you are on SSI.
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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 decision on June 26, , 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 join 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, sur
Social Security and Same Sex Marriage: What You Need to Know
In its Obergefell v. Hodges decision, the U.S. Supreme Court start that same sex couples verb a constitutional right to wed , and mandated that all 50 states recognize same sex marriage. This historic decision has also led to changes in Social Security benefit eligibility. Immediately after the Obergefell decision was issued, the Social Security Administration announced that it would be recognizing same sex marriages, and would begin implementing policies and procedures for the processing of adj sex claims. As these policies develop, McCroskey Law will provide updates.
Some same sex spouses may now be eligible for Social Security, Medicare, or Medicaid benefits. Here are some things to know now:
- If approved, many benefits are paid from the date of application. A delay in applying can mean missed benefits.
- Same sex spouses may now be eligible for an increase in Social Security retirement benefits, if their spouse earned a significantly higher income.
- Same sex spouses with insufficient work history to qualify
The Social Security Administration (SSA) has had to evolve with society to a wider array of sexual orientations and gender identities. More than 7% of Americans identified as LGBT in a poll (according to Gallup), a percentage likely to grow as younger generations replace older ones.
The Supreme Court ruling in declaring same-sex marriage was constitutional made it possible for same-sex couples and their families to help from Social Security programs. That opened a new chapter, but it didn’t finish the book.
A subsequent class-action suit addressed the situations of survivors of same-sex couples who weren’t allowed to marry before It also triggered changes in the government’s approach to gender identity and Social Security records.
With so much that’s happened, are you prepared to advise your clients who are LGBTQ+ and their families about their Social Security rights and benefits? Here’s some information to help.
Benefits available to same-sex couples and dependents
Same-sex couples are eligible for the same benefits – spousal, survivor, family, and disability – as opposit