How Does the Supreme Court's Defense of Marriage Act Ruling Affect SSDI and SSI Benefits?

 

We have been getting a lot of questions about how the Unites States Supreme Court’s decision regarding the Defense of Marriage Act (DOMA) will affect Social Security Disability (“SSDI) and Supplemental Security Income (“SSI”) benefits for same-sex partners. As most of you are aware, on June 26, 2013, the Supreme Court held that Section 3 of DOMA is unconstitutional as it deprives same-sex spouses equal protection under the Fifth Amendment.

What this now means is that same-sex spouses, and their children, are able to file claims for various types of SSDI benefits, including Disabled Widow’s/Widower’s benefits, Disabled Adult Children benefits, Survivor benefits, and Children’s benefits. In order to file a claim, however, the following conditions must be met:

1. The same sex couple must have a legally valid marriage. Couples in civil unions will not be qualified at this time.
2. The couple, and their children, must reside in a state that recognizes same-sex marriages.

While the Supreme Court’s ruling opens the door for same-sex spouses, and their children, to SSDI entitlement, the impact on SSI benefits could have the opposite effect. As SSI benefits take into account the income of a spouse to determine eligibility, same-sex spouses may find that their SSI benefits are reduced or discontinued.

To read the Supreme Court’s decision in entirety, please visit the link below:
http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf

 Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.