From a press release from Lambda Legal:
... [T]he Social Security Administration (SSA) reversed its prior determination to deny benefits to the children of a disabled gay father in Lambda Legal’s case representing the family against apparent antigay discrimination by the federal government. ...
In February of 2006, Day completed the applications for Child Insurance Benefits for his children. He provided birth certificates and court documents that acknowledge him as a legal parent of the children. The SSA acknowledged that they received the application and promised to provide a response in 45 days.
After more than a year with no response, Lambda Legal sent a letter on Day's behalf seeking action by the agency. The SSA still did not provide an initial determination of eligibility citing unspecified "legal questions and policy issues" involved with the application. Day provided all the necessary documentation to establish a legitimate parent-child relationship and fulfilled all of the SSA's prerequisites, yet his family was left without the social safety net that Day had paid into for decades and that all other families are provided on a regular basis.
In May 2008, Lambda Legal, along with co-counsel from McDermott Will & Emery LLP, filed suit against the SSA compelling the agency to act on Day’s application and urging the SSA to recognize Day as a legal parent of the children. Today’s letter recognizes the legal relationship between Day and his children without discrimination based on his sexual orientation or family status.
This may have something to do with Social Security's limited recognition of the effects of civil unions. You do know that Social Security recognizes them to a limited extent, don't you? That was decided almost a year ago.
1 comment:
Was this a hearing, a recon, an initial claim, or what? Just curious because apparently, whoever adjudicated this claim must have been unaware of the limited recognition as shown in the previous case you cited.
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