Social Security benefits for same-sex couples
As a result of the Windsor decision a year ago, federal agencies now recognize same-sex marriages. For the most part, every federal agency has implemented benefits for same-sex couples that are equal to those enjoyed by opposite sex couples.
Social Security, for one, is no longer prevented from recognizing same-sex marriages for purposes of determining entitlement to or eligibility for benefits. Social Security says it “is now processing some retirement, surviving spouse and lump-sum death payment claims for same-sex couples and paying benefits where they are due.”
That sounds a little vague, and the words “processing some…claims,” and “where they are due” were concerning. I was surprised, recently, to discover that Social Security benefits for couples are only available in states where same-sex marriage is legal. So to get some clarity, The Gayly contacted Jose Olivero, a Public Affairs Specialist in the Oklahoma City office of the agency.
Olivero sent us a lot of information about benefits, and was very helpful when we contacted him to discuss benefits in more detail.
He resolved the major question quickly. When asked, under current policies, if a same-sex married couple lives in a state that does not recognize same-sex marriage, for example, married in Iowa and living in Oklahoma, can the couples receive benefits? His answer was a concise “No.”
In a flyer produced for same-sex couples, Social Security says, “We are working with the Department of Justice to develop and implement policy and processing instructions on this issue.” On June 20, Social Security Acting Commissioner Carolyn W. Colvin, issued a definition of policy for same-sex married couples.
For many benefits, the agency is still bound by law which directs benefits be governed by the state of residence. But for some benefits, they will now recognize even some “non-marital” relationships.
In light of this change, the agency says, “If you think you might be eligible for benefits, we encourage you to apply right away. Applying now will preserve your filing date, which we use to determine the start of potential benefits.”
At this time, couples who have had a civil union in the states that have them (like Colorado), or who are simply living together, no matter the duration of the relationship, are not eligible for couple’s benefits. The agency says it is also working with DOJ on this issue.
Olivero discussed the major benefits. “With retirement benefits, the spouse is entitled to a benefit equal to 50% of the benefit of the high wage earner,” he said. He explained that if one member of a couple had substantially higher income than the other, it might be beneficial to the couple to draw benefits based on that income. For example, the high wage earner draws a retirement benefit of $1800. The spouse would receive a benefit of $900. If that is higher than his benefit based on his own earnings, it is to his advantage to take the higher payment.
If your legally married spouse has died, the surviving spouse may be entitled to a survivor’s benefit. If one spouse is on disability, her spouse may also receive a benefit. None of these benefits are currently available to residents of Oklahoma, Arkansas, Kansas, Missouri, or Texas because same-sex marriage is not yet legal in those states.
The reason that Social Security is urging couples to make a claim for benefits is that some of them are based on the date the claim was first filed. Olivero explained that the claims are all handled electronically, and will be entered in the system with a ‘flag’ that allows them to start processing claims as soon as a state has legal same-sex marriage.
Other rules apply if you are drawing SSI, or Supplemental Security Income, which is a public assistance program for people with disabilities. For a single person, the maximum SSI payment in Oklahoma is $721 a month, for a married person, $1082. In its flyer, the agency warns that, if you marry or your marital status changes (divorced, death, etc.) it may affect your SSI eligibility or your payment amount. But Olivero went into more detail. Even if you are not married, if another person lives with you, regardless of the relationship, the eligibility for SSI is based on household income. The income and assets of every person that lives in the house will be considered, when a person applies for SSI.
If you have any questions about how a same-sex marriage may affect your claim or to apply for benefits, call toll-free, (800) 772-1213. For more information about benefits for same-sex married couples, visit www.socialsecurity.gov/same-sexcouples.
by Rob Howard, Associate Editor
The Gayly – July 10, 2014 @ 11:55am