Same Sex Couples and Social Security Benefits

Jan 22

In June 2013 the U.S. Supreme Court held in United States v Windsor, et al., that section 3 of the federal Defense of Marriage Act (DOMA) was unconstitutional.  As a result of the Windsor decision, many spouses, survivors and children of same-sex couples became potentially eligible for Social Security Benefits.  SSA has been working with the Department of Justice to determine how the Windsor decision affects SSA’s programs andbenefits and to develop instructions for processing claims.