The U.S. Supreme Court's recent ruling on marriage equality means that gay couples living in states that previously did not r...Read more
Social Security and Veteran's Administration Issue Guidance on Same-Sex Couples
- January 16th, 2014
The Social Security Administration (SSA) and the Veteran's Administration (VA) have begun to issue guidance governing the treatment of same-sex marriages. The SSA has updated its regulations and has begun issuing benefits to some same-sex couples. In addition, President Obama announced that same-sex spouses of military veterans would be able to collect veteran's spousal benefits.
The announcements follow the Supreme Court's ruling in United States v. Windsor that it was unconstitutional for the federal government to refuse to honor same-sex marriages that were lawfully created under state law.
Local Elder Law Attorneys in Ashburn, VA
Needham Mitnick & Pollack, PLC
Susan Pollack served as Chairperson of the Falls Church Senior Citizens Commission from 1997 to 2011 and was on the Executive Board of the Falls Church Education Foundation. She has also served on the Board of Directors of the Alzheimer’s Association of the National Capital Area and is a member of the Arlington B...
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
The Law Firm of Evan H. Farr, P.C.
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
The SSA recently announced that it was starting to give benefits to some same-sex couples. It updated its Policy Operations Manual System (POMS), which tells field offices when to give out benefits, to provide previously unavailable Social Security benefits to eligible same-sex spouses who were legally married in a state that recognizes same-sex marriages and who live or lived in a state that recognizes same-sex marriages when they filed a claim for Social Security benefits. However, Social Security offices are required to "hold claims" that are filed by spouses who were legally married but who resided in states where their marriages were not recognized at the time of the claim. Those claims won't be granted or denied until further guidance is issued. To read the new POMS materials dealing with same-sex marriages, click here. The new POMS sections do not address claims for Social Security disability benefits.
The Obama administration announced that it would no longer enforce statutory language that defines the term spouse as "a member of the opposite sex" for the purposes of VA benefits. The VA will immediately begin providing benefits to same-sex spouses whose marriages are recognized by the state where they live or where the veteran was discharged. This will allow those same-sex spouses to receive health care benefits and widows and widowers to receive survivor benefits, among other things. For more on this decision from the New York Times, click here.
Last Modified: 01/16/2014