Recent changes in same-sex marriage laws may also have an implication on Social Security Disability and Supplemental Security Income eligibility.
On June 26th, 2013, Section 3 of the Defense of Marriage Act (DOMA) was ruled unconstitutional by the Supreme Court. With this ruling, Social Security can now recognize same-sex marriages when determining benefit amount and eligibility. Recently, Social Security published new policies for processing claims for individuals that are in same-sex relationships. These new policies permit Social Security to process claims in states that do not recognize same-sex marriages or non-marital legal relationships. The new policy also addresses how SSI (Supplemental Security Income) benefits may be affected by same-sex relationships; same-sex marriage may affect SSI eligibility or benefit amount.
However, these new policies may create some tension with the Social Security Act, which the Department of Justice has determined requires the agency to follow state law in Social Security cases.
The Khaki Law Firm will continue to observe these new trends in the law so that we can continue to advise our clients on how these legal changes may affect their Social Security Benefits.
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