SSA aims to treat LGBT Americans as equals

by Sara Ritsch
Staff Writer

Social Security Administration (SSA) now expresses to lesbian, gay, bisexual and transgender (LGBT) Americans that they will be by their side through life’s journey, from birth to retirement, but particularly through marriage and having children.

According to their website, about 168 million people pay Social Security taxes while working and about 60 million people receive Social Security benefits every month. With the proper math equation, that amounts to a large variety of people within the LGBT community.

According to the Human Rights Campaign, “These working families have experienced the impact of the current economic downturn alongside the rest of America. However, systemic discrimination coupled with a lack of uniform relationship recognition increases the risk of poverty for same-sex couples, their children, and the growing number of LGBT older adults. Due to this discrimination, LGBT people — especially the elderly — have lower incomes and are less likely to be able to save for retirement or disability.”

But, “On June 26, 2015, the U.S. Supreme Court issued a decision in Obergefell v. Hodges, holding that same-sex couples have a constitutional right to marry in all states and have their marriage recognized by other states,” the Social Security official page reads. “This victory made it possible for more same-sex couples and their families to benefit from Social Security services and programs.”

In the face of many LGBT Americans being denied their names on the birth certificates of their children; at a time when transgender Americans struggle to change their own names and same-sex couples fight for marriage license rights, Social Security does hand this community one giant benefit.

“Regardless of the sex of you or your spouse or partner, we can place both parents’ names on your child’s Social Security number record.” Of course, the applicants both must provide proof of legal parenting, but it sure is nice to see both partners’ names on anything this year – is it not?

But why is marital status so important for Social Security benefits? You or your partner could be entitled to either benefits themselves or higher benefit amounts based on your marital relationship. This includes children and stepchildren.

“SSA recognizes same-sex couples’ marriage in all states, and some non-marital legal relationships, for purposes of determining entitlement to Social Security benefits, Medicare entitlement and eligibility and payment amount for Supplemental Security Income (SSI). SSA also recognizes same-sex marriages and some non-marital legal relationships established in foreign jurisdictions.”

At that point, if a partner is lost or if disability strikes, the couple is still recognized as legally paired, dubbing them eligible for survivors or disability benefits.

“Your Social Security taxes pay for three kinds of benefits: retirement, disability, and survivors. If you are eligible for retirement or disability benefits, other members of your family might receive benefits, too. If you are married or you entered into a non-marital legal relationship, and you think you might be eligible for benefits, we encourage you to apply right away even if you are not sure you are eligible.

“When you start receiving Social Security retirement or disability benefits, other family members may also be eligible for payments. For example, benefits can be paid to your husband, wife, or unmarried children. If you become the parent of a child (including an adopted child) after you begin receiving benefits, let us know about the child, so we can decide if the child is eligible for benefits.”

For those of you in the LGBT community who have had a name change or are in the process of doing so, make sure to report the change to the SSA. Otherwise, earnings may not be recorded properly, hindering all the benefits you may have been receiving or are eligible for.

The Gayly – July 5, 2016 @ 12:40 p.m.