Things to Know About Social Security Disability if You’re LGBT
Social Security helps all Americans, regardless of gender, race, age or sexual orientation. Unfortunately, one of the problems facing Social Security for a long time was that LGBT couples couldn’t obtain the same Social Security disability benefits that male and female married couples had access to simply because they couldn’t marry.
That all changed in 2015, when the U.S. Supreme Court held that same-sex couples have a constitutional right to marry in all states. Now that LGBT couples can marry, they can receive LGBT disability benefits that are the same as heterosexual married couples.
LGBT Disability Benefits
Currently, not only does the SSA recognize LGBT married couples in all states, they also recognize some non-marital legal relationships. These include some domestic partnerships and civil unions. This helps ensure that Americans get the Social Security benefits, Supplemental Security Income (SSI), and Medicare entitlement that they deserve. It means that same-sex couples in unions and partnerships can qualify for retirement, lump-sum death, and surviving spouse payments.
The following are a number of things that you’ll want to know if you are applying for Social Security benefits.
Marital status affects qualification
The SSA does recognize some domestic partnerships and civil unions. However, they take marital status into account when determining eligibility for Social Security benefits. They consider this when a worker retires, experiences a disability that prevents them from working, or passes away.
Benefits you can qualify for
If you are entitled to retirement, disability, or survivors benefits as a result of the Social Security taxes that you’ve paid and the credits that you’ve earned, then your spouse and eligible family members could receive benefits as well, no matter what their sexual orientation may be.
Children can receive benefits
If you’re in a relationship with an LGBT partner, then any children that you have or have adopted could possibly receive Social Security benefits as well.
Apply for benefits right away
Whether you’re married in an LGBT partnership or you are in a non-marital legal relationship, you shouldn’t wait to apply if you’re not sure whether you’re eligible. By applying for Social Security benefits right away, you’ll help to protect against the loss of potential benefits. It won’t hurt to at least try since nothing will happen if your application is denied.
Report relationship changes immediately
If you marry your partner, separate from them, get a divorce, move away, or parent a child, you should report this to the Social Security Administration as quickly as possible. This will allow them to pay out your benefits correctly.
More about SSDA USA
The country has made great strides in the past decade when it comes to LGBT rights. If you’re in an LGBT marriage or partnership, then you have the same opportunity to qualify for Social Security benefits, including retirement benefits, disability benefits and death benefits, as male and female married couples. If you have more questions concerning LGBT disability benefits or would like more information on whether or not you can qualify for Social Security disability benefits, then be sure to contact us to set up a free consultation by calling us at 602-952-3200 or by using our LiveChat feature.
This is attorney advertising. SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.
