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Social Security Benefits and DOMA: Can I do Anything Now to Preserve My Rights?

October 2012 | GLAD Equal Justice Under the Law

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“At the moment, because of DOMA, the marriages of same sex couples are erased for all federal purposes. In the Social Security context, this means that if you are married to someone of the same sex, you cannot claim any of the Social Security benefits that might be due a spouse – like spousal retirement and disability benefits, the death benefit, and the survivor benefit.”

This document details the different types of Social Security benefits for which you, as a spouse, or your child(ren) might be eligible but will be denied because of DOMA. It explains how to apply for those benefits now, how to appeal the denial of benefits based on DOMA, and how to keep your appeal alive to preserve your rights while the court challenges are pending.


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The National Resource Center on LGBT Aging is supported, in part, under a cooperative agreement from the U.S. Department of Health and Human Services, Administration on Aging.
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