Social Security Disability Income (SSDI) for Same-Sex Couples

The Supreme Court’s 2013 ruling that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional means the Social Security Administration (SSA) is no longer prevented from recognizing same-sex marriages to determine entitlement or payment amount when it comes to disability benefits.

In short, SSA is now able to pay benefits to more same-sex couples.

SSA can now:

  • Recognize some non-marital legal relationships as marriages for determining entitlement to benefits.
  • Consider same-sex marriages or relationships when processing some claims for Supplemental Security Income (SSI). Your same-sex marriage or relationship may affect your SSI eligibility or payment amount.

In light of these new rules, SSA is encouraging people to contact the administration to find out if they or their children are eligible for benefits or for different benefit amounts.

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Herndon disability lawyer Doug Landau notes, “it always seemed unfair that people pay into the system, adopt or have children, but cannot draw out the benefits. Members of the LGBT community can now avail themselves of the moneys put aside for disability.”

If you or someone you know are disabled and have questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).