Good News! Some Same-Sex Couples are Now Receiving Social Security Benefits
On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. On December 30, 2013 the Social Security Administration (SSA) announced that it is now processing some retirement and surviving spouse claims for same-sex couples and paying benefits where they are due. The SSA continues to work closely with the Department of Justice in a joint task force. The joint task force in the coming weeks and months, will develop and implement additional policy and processing instructions. The following are a few answers to the most frequently asked questions as of January 5, 2014:
1. If you are now in, or the surviving spouse of, a civil union or other legal same-sex relationship the SSA recommends that you apply right away at www.ssa.gov/retireonline, even if you aren’t sure you are eligible. Applying now will preserve your filing date, which the SSA will use to determine the start of potential benefits.
2. The SSA is now able to recognize some foreign same-sex marriages for purposes of determining entitlement to benefits. If you believe you may be eligible for Social Security benefits, the SSA encourages you to apply now to protect yourself against the loss of any potential benefits.
3. What happens if you apply but the SSA decides you do not qualify for benefits? You will not receive a penalty or fine for filing a claim. Additionally, if you appeal that decision or apply again, you will not receive a penalty or a fine.
