I am pleased to announce that Social Security is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due. The recent Supreme Court decision on Section 3 of the Defense of Marriage Act, made just over a month ago, helps to ensure that all Americans are treated fairly and equally, with the dignity and respect they deserve. We continue to work closely with the Department of Justice. In the coming weeks and months, we will develop and implement additional policy and processing instructions. We appreciate the public’s patience as we work through the legal issues to ensure that our policy is legally sound and clear. I encourage individuals who believe they may be eligible for Social Security benefits to apply now, to protect against the loss of any potential benefits. We will process claims as soon as additional instructions become finalized.This is great news for married gay guys like myself who live in marriage equality states such as Iowa. Married couples should be treated equally under federal law.
But... it doesn't look like all married same-sex couples will be treated equally, according to sources such as Think Progress and BuzzFeed:
The Social Security Administration is limiting payment of claims for same-sex married couples currently to those couples who were married in a state the allows same-sex couples to marry and are “domiciled,” or live, in a state that recognizes same-sex couples’ marriages. The decision means claims from same-sex couples married where such couples can legally marry but who live in a state that does not recognize such marriages are having their applications put on hold for the time being.Check out these images from BuzzFeed, which highlight Social Security's current decision-making processes involving married same-sex couples:
This is unfortunate news for gay couples who've traveled to Iowa or other marriage equality states from one of the marry marriage inequality states. And don't even consider applying for Social Security if you live in a civil union state such as New Jersey!