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PoliticAverse

(26,366 posts)
Fri Jul 12, 2013, 04:52 PM Jul 2013

Social Security starts accepting same-sex marriage claims

Source: The Hill

The Social Security Administration announced Friday that it would begin accepting benefit claims related to same-sex marriage.

...

The President has directed the Attorney General to work with other members of his Cabinet to review the recent Supreme Court decision and determine its impact on Federal benefit programs – including benefits administered by Social Security – to ensure that we implement the decision swiftly and smoothly,” Social Security Administration spokesman Mark Hinkle said.

He said the agency was working with the Justice Department to revise its regulations.

“We are taking claims now from individuals who believe they may be eligible for Social Security benefits. We will process these claims as soon as we have finalized our instructions,” Hinkle said.



Read more: http://thehill.com/blogs/on-the-money/budget/310743-social-security-starts-accepting-same-sex-marriage-claims-



Social Security Administration Press Release on the Issue:
https://www.socialsecurity.gov/pressoffice/pr/doma-pr.html
25 replies = new reply since forum marked as read
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Social Security starts accepting same-sex marriage claims (Original Post) PoliticAverse Jul 2013 OP
I love it! Put THAT genie back in the bottle, Freepers! NYC_SKP Jul 2013 #1
Glad to hear it! hrmjustin Jul 2013 #2
This is excellent news MNBrewer Jul 2013 #3
(Im)patiently awaiting guidelines Ms. Toad Jul 2013 #4
all qualify for benefits federal and state, insurance coverage aswell- even common-law marriage Sunlei Jul 2013 #12
Unfortunately, you are mistaken Ms. Toad Jul 2013 #14
A pic from my town. Rebellious Republican Jul 2013 #5
Love it! A parade of great beauty. Which Southern town is this? Nt tpsbmam Jul 2013 #17
St. Petersburg, Florida.... Rebellious Republican Jul 2013 #25
I appreciate it that, it appears, the Admin. is acting quickly. nm rhett o rick Jul 2013 #6
Excellent! SheilaT Jul 2013 #7
Good News! KoKo Jul 2013 #8
Though it has been very Duckwraps Jul 2013 #9
Why was it hard? dbackjon Jul 2013 #11
Because of the era (1940s) and way I was raised. Duckwraps Jul 2013 #20
So do you support complete equality now? dbackjon Jul 2013 #22
Yes I do. I don't know what ENDA is so on that I am unsure. nt Duckwraps Jul 2013 #23
Thank you dbackjon Jul 2013 #24
This post illustrates why you don't get invited to fun parties. closeupready Jul 2013 #13
This is *very important for those affected. Very welcome news. nt silvershadow Jul 2013 #10
Here's what we've got: SCOTUS + several states + the US military + the Social Security Admin = Hekate Jul 2013 #15
Not only is this right, but it's politically helpful. David__77 Jul 2013 #16
Does this mean that residents can start going after states that haven't legalized tpsbmam Jul 2013 #18
K&R idwiyo Jul 2013 #19
K & R ctsnowman Jul 2013 #21
 

NYC_SKP

(68,644 posts)
1. I love it! Put THAT genie back in the bottle, Freepers!
Fri Jul 12, 2013, 04:54 PM
Jul 2013

Not that they wouldn't in a heartbeat if they could.

In fact, they want to kill it altogether.

MNBrewer

(8,462 posts)
3. This is excellent news
Fri Jul 12, 2013, 04:55 PM
Jul 2013

I applaud the Obama Administration for their rapid implementation of the various ramifications of the DOMA decision. Good job!

Ms. Toad

(34,092 posts)
4. (Im)patiently awaiting guidelines
Fri Jul 12, 2013, 05:13 PM
Jul 2013

as to which legally recognized marriages qualify.

The case, unfortunately, defies explanation under any standard analysis. Standard analysis would have gone:

1. Was the marriage valid when and where it was entered into?
2. (The second step was only necessary after DOMA - and I still believe is unconstitutional) Did the couple reside, at that moment, in a state which recognized same gender marriages.

The answer to those two questions were yes, and no. So the Supreme Court changed the second question to was it valid at the time the the couple/marriage interacted with the law (and despite NPR and NY Times assertions to the contrary, no later general change in laws has ever been able to change marital status for purposes of the federal taxation law.)

They did not, unfortunately, explain why the different viewpoint - so it impossible to determine how the decision will play out for others similarly situated at the time of their marriages.

If residence at the time of interaction is crucial - does that mean if Edie Windsor (or anyone else) moved from a place where their marriage was - at some point - recognized, does their marriage lose recognition if they lived outside of New York at the time of death? What if they were just traveling? Does that mean a couple can move from one state to another to gain social security benefits (and lose them if they later move back?) Can I irrevocably gain federal recognition of my marriage if I interact with one of the federal laws regarding marriage while I am vacationing somewhere which recognizes my marriage, or does that recognition vanish again the moment I return home.

One gigundo mess - it will be interesting to see who the guidelines recognize.

Sunlei

(22,651 posts)
12. all qualify for benefits federal and state, insurance coverage aswell- even common-law marriage
Sat Jul 13, 2013, 12:05 AM
Jul 2013

Common-law marriage has no ceremony or legal forms at all. Yet that form of marriage has always been recognized for all the same benefits, IRS filings, insurance family plan coverage and divorce, family court legal claims. Same sex couples can claim they are married and under the law, they are.

Ms. Toad

(34,092 posts)
14. Unfortunately, you are mistaken
Sat Jul 13, 2013, 12:44 AM
Jul 2013

Common law marriages are recognized state by state, and the federal government (and other states) recognizes those marriages only if they were recognized as marriages when they were created.

For example, until around 1991 Ohio recognized common law marriages. All you had to do (going from memory here - but it is close) was (1) be eligible for a statutory marriage, (2) to live together as married, (3) hold yourselves out as married, and (4) agree that you were married. The first criteria knocks out same gender couples, siblings, and groups of more than two for example. States which do not recognize ceremonial marriages between same gender couples will not recognize common law marriages. (And most states do not permit new common law marriages to be created anymore - these are the only states which permit new common law marriages to be created: Alabama, Colorado, District of Columbia, Iowa, Kansas,
Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah (I have not verified this list beyond verifying that it correctly categorized Ohio)

On the magic date in 1991 when common law marriages were no longer recognized, no new common law marriages could be created. So when it came tax time, I always had to ask couples who said they were a common law couple when their marriage was created - if they said 2000 (for example) they were not married or state or federal purposes. Same general inquiry if their "common law" marriage was created in another state - we had to review what the rules were for that state and see if they qualified.

Common law marriage can be recognized either because case law recognized it - or because (ironically) a statute provided for its existence.

 

SheilaT

(23,156 posts)
7. Excellent!
Fri Jul 12, 2013, 05:26 PM
Jul 2013

It does seem as though we may need a major rewrite of some marriage related laws, such as divorce laws, to be gender-neutral and allow for same-sex couples who might have different issues and such than heterosexual couples.

 

closeupready

(29,503 posts)
13. This post illustrates why you don't get invited to fun parties.
Sat Jul 13, 2013, 12:17 AM
Jul 2013

Or likely don't. At least, not because anyone actually WANTS to invite you.

They do it because, even though it's hard for them, you are a partner to someone who actually IS fun.

Hekate

(90,816 posts)
15. Here's what we've got: SCOTUS + several states + the US military + the Social Security Admin =
Sat Jul 13, 2013, 05:51 PM
Jul 2013

The SCOTUS decision + several states + the US military + the Social Security Administration = a spreading sphere of influence that makes it inevitable that ALL states will soon have to accept marriage equality under the "full faith and credit" clause of the Constitution.

David__77

(23,511 posts)
16. Not only is this right, but it's politically helpful.
Sat Jul 13, 2013, 06:27 PM
Jul 2013

There has always been a soft spot for right-wingers to exploit: gay people could not fully leverage certain benefits, and so were alienated from them. This helps build the grand coalition of forces supporting such benefits.

tpsbmam

(3,927 posts)
18. Does this mean that residents can start going after states that haven't legalized
Sun Jul 14, 2013, 01:20 AM
Jul 2013

same-sex marriage? Along with issues like the ability to file jointly as a married couple in the states that allow same-sex marriage, thus giving those tax advantages and a distinct tax disadvantage to those who have to file as singles (higher tax rate), I'd think there would be clear financial discrimination claims.

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