Social Security Now Accepting Claims for Same Sex Benefits

We are pleased to share this information from our colleagues at the National Senior Citizens Law Center.

Since the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), Social Security has responded by stating that they are now taking claims from those individuals who feel they may be eligible for Social Security benefits. An internal directive to SSA employees has instructed them to begin taking claims for spousal and survivor benefits based on same sex marriages and to hold them until further instructions are issued.

According to the Census, there are currently at least 650,000 families headed by a same-sex couple. Nearly half of them are either at or near retirement age or have children who should be protected by Social Security in the event of either parent’s death or disability. With DOMA defeated, same sex spouses and their children will be eligible for important spousal and survivor benefits based on date of application, so every day LGBT families wait to apply, they could be losing benefits they earned.

For more information regarding this issue visit the NLRC website.


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