Social Security Payments Limited To Same-Sex Married Couples Living In States That Recognize Marriage Equality

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August 12, 2013
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WASHINGTON — The Social Security Administration is limiting payment of claims for same-sex married couples currently to those couples who were married in a state the allows same-sex couples to marry and are “domiciled,” or live, in a state that recognizes same-sex couples’ marriages.

The decision means claims from same-sex couples married where such couples can legally marry but who live in a state that does not recognize such marriages are having their applications put on hold for the time being.

As of Friday, a new section for “Windsor Same-Sex Marriage Claims” — named after the Supreme Court case of United States v. Windsor, which resulted in a part of the Defense of Marriage Act being struck down — was added to the Social Security Administration’s Program Operations Manual System (POMS), which the agency describes as the primary source of information used by Social Security employees to process claims for Social Security benefits.

The claims processing instructions “allow for payment of claims” when the claimant “was married in a state that permits same-sex marriage” and “is domiciled at the time of application, or while the claim is pending a final determination, in a state that recognizes same-sex marriage.”