Survivors Benefits for Same-sex Partners and Spouses

June 2022 | Social Security Administration

Download PDF

“Under an agreement for Ely v. Saul and Thornton v. Commissioner of Social Security, more same-sex partners may qualify for survivors benefits. You can file a new claim or if you were previously denied survivors benefits because you did not meet the marriage requirement due to unconstitutional state laws, you can ask us to reopen, or take another look at, your claim. This is the case even if you did not file an appeal at that time. If you were previously denied benefits and we find that you qualify for benefits under the Ely or Thornton decision, you may be due retroactive benefits. ”

This fact sheet from the Social Security Administration discusses new updates regarding Survivor Benefits for Same-sex Partners and Spouses.