Social Security Administration to Accept Claims from Married Same-sex Couples

July 18, 2013

The Obama Administration is continuing to implement the Supreme Court's landmark decision striking down Section 3 of the so-called Defense of Marriage Act.

Soon after the ruling was handed down, the President directed the Attorney General to work with other members of his Cabinet to review the Justices' decision and determine its impact on Federal benefit programs to ensure swift and smooth implementation. Over the past several weeks, various Administration departments, from the Department of Homeland Security to the Office of Personnel Management, have released new guidelines, rules, and policies in response to the end of DOMA.

Now we've heard from the Social Security Administration (SSA).

"We are working with the Department of Justice to determine how the decision affects our programs and to develop appropriate instructions for our personnel. We are taking claims now from individuals who believe they may be eligible for Social Security benefits. We will process these claims as soon as we have finalized our instructions."

So the SSA has begun taking claims from married same-sex couples who believe they are eligible for benefits. But the administration will not process these claims until the instructions for handling them are finalized. No guidance is available as to whether marriages will be determined by "place of celebration" in addition to "place of domicile" so the impact on couples living in states without marriage equality remains unclear. 

Stay tuned for more news from the SSA and the Obama Administration -- we'll share the latest information as soon as we have it!

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