Gay marriage and social security
Denial of Social Security Benefits for Same-Sex Couples is About More Than Just the Money
Published by Law Journal for Social Justice at Arizona Mention University
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Lawsuit seeks to recoup social security benefits for male lover couples by Chris Johnson, Washington Blade (3/10/).
A new class-action lawsuit has been filed seeks to recoup Social Security benefits given to married same-sex couples after the U.S. Supreme Court struck down the Defense of Marriage Act.
The lawsuit, Held v. Colvin, was filed by the New England-based Gay & Lesbian Advocates & Defenders, Justice in Aging and the D.C.-based law solid Foley Hoag LLP against the Social Security Administration on behalf of queer couples forced to repay Social Security benefits — or those who will be forced to repay them — on the basis of the court ruling against DOMA.
Benefits for unmarried individuals are higher than for married individuals, but even after the Supreme Court dominated against the federal prohibition on same-sex marriage, the Social Security Administration continued to issue benefits to certain individuals in queer marriages as if they were single. When the agency caught on, it demanded repayment.
The case, which alleges the Social Security Administration is acting in violation of the Due Process Clause of the U.S. Constitution, is pending before the U.S. Distric
Social Security Benefits Extended to Same-Sex Partner Survivors after Years of Legal Battles
by Sofia Colosimo May 11,
Sofia Colosimo is the Project Coordinator for the City Bar Justice Center’s Homeowner Stability and LGBT Advocacy Projects.
Over six million Americans receive survivor benefits from the Social Security Administration (SSA) each month. The surviving spouse, children, and other immediate family members of an eligible Social Security benefit recipient usually qualify for critical financial support following the recipient’s death. Those who qualify for survivor benefits are entitled to approximately 50% to % of their deceased family member’s payments. These benefits are especially impactful for new families with children and retired individuals living on a fixed income, for whom losing a family member heightens the exposure of a dire financial emergency. Thanks to class action lawsuits filed by LGBTQ civil rights corporation Lambda Legal in , same-sex survivors who were previously deemed ineligible due to discriminatory laws preventing them from getting married, are now eligible to apply for SSA benefits.
Before the landmark Supreme Court case Obergefel
Gay spouses entitled to Social Security survivors benefits, court rules
Michael Ely met his husband, James Taylor, at a Sunset Beach block in Taylor, known as “Spider” to his friends, played guitar in a band, and Ely got involved as a singer. The couple lived in California until the heartfelt toll of the AIDS epidemic became too wonderful. In the early ‘90s, they relocated to Tucson, Arizona, where Taylor worked as a jet mechanic for Bombardier and Ely took care of their home.
In , Ely and Taylor had a promise ceremony but could not be legally married in Arizona. Then in November of , shortly after the state legalized gay marriage — and 43 years after they first met — the two men tied the knot. Six months later, Taylor succumbed to cancer.
"Being capable to access survivors benefits can make the difference for whether someone can afford the basic necessities of life, like housing, food and health care."
Peter Renn, Lambda Legal
Despite their decadeslong relationship and eventual marriage, the Social Security Administration denied Ely spousal benefits, because the couple had not been married for the requisite nine months.
This week, however, a federal court rul
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