In New York, same-sex couples may be eligible for Social Security benefits, including retirement, disability, and survivors benefits.
However, eligibility depends on various factors such as marital status, the duration of the marriage, and whether the couple was previously denied benefits due to past discriminatory laws.
🏳️🌈 Understanding Eligibility for Same-Sex Couples
Since the Supreme Court’s 2015 decision in Obergefell v. Hodges, same-sex marriages are recognized nationwide, allowing same-sex couples to access the same Social Security benefits as heterosexual couples. This includes spousal, survivor, and death benefits. However, for couples who were in long-term relationships before the legalization of same-sex marriage, eligibility for survivor benefits can be complex.
In late 2021, the Social Security Administration (SSA) expanded eligibility for survivor benefits to include same-sex partners who were prevented from marrying due to unconstitutional state laws. To qualify, the surviving partner must demonstrate that they would have been married at the time of their partner’s death if not for these laws. SSA will consider all available evidence, such as the length of the relationship and whether the couple owned property or raised children together, to determine eligibility.
📅 Important Considerations
Marital Status: Your marital status is crucial in determining your entitlement to Social Security benefits. If you’re married or have entered a non-marital legal relationship, it’s important to apply right away to protect potential benefits.
Reporting Changes: Notify SSA immediately if you get married, enter a non-marital legal relationship, or divorce. These changes can affect your eligibility or payment amount.
Non-Marital Legal Relationships: Some same-sex couples in civil unions or domestic partnerships may qualify for benefits as a spouse or surviving spouse if they meet certain requirements. It’s advisable to contact SSA to discuss your specific situation.
📝 Steps to Apply
Gather Documentation: Collect all relevant documents, including proof of your relationship, marriage certificate (if applicable), and any correspondence from SSA regarding previous claims.
Contact SSA: Reach out to SSA at 1-800-772-1213 or visit your local SSA office. If you were previously denied survivor benefits, you can request SSA to reopen your claim.
Submit an Application: Apply for benefits online, by phone, or in person. If you’re unsure about your eligibility, it’s still beneficial to apply to ensure you don’t miss out on any potential benefits.
If you or your partner were in a long-term relationship before same-sex marriage was legalized and were previously denied survivor benefits, it’s important to contact SSA to explore your eligibility. SSA is now considering claims from same-sex survivors who were barred from marriage due to unconstitutional state laws. Don’t hesitate to apply or request a reconsideration of a past claim. You may be entitled to retroactive benefits.
For more information, visit the SSA’s Same-Sex Couples page or refer to their Frequently Asked Questions for detailed guidance.
