Because of the Defense of Marriage Act there is virtually nothing that the Social Security Administration can do to give recognition to same-sex partners for purposes of benefits payments. However, the Department of State has just given recognition to the same-sex partnerships of its employees, especially for purposes of the diplomatic service. There are vast differences between the Department of State and Social Security, but are there some things that Social Security could and should do for its employees who are in same-sex partnerships? What do you think?
There needs to be a federal-wide initiative headed by OPM. SSA is not going to do something like this alone.
ReplyDeleteAgreed. And SSA shouldn't. I can't see any way around DOMA. I also can't see anyway around the SS Subcommittee. Looking at that membership, I'm thinking they'd as soon kiss a rattlesnake as expand coverages/benefits to civil unions of anykind. It's the LAE, you know.
ReplyDeleteBut do we want them to do anything? Right now, the big benefit in SSA ignoring single-gender families is that one partner's income is not deemed to the other, and so one of them can apply for and receive SSI benefits. For people who are forced to apply for disability long, long before retirement and may not have built up the required quarters of coverage to be eligible for SSDI, this is a very important benefit, and side effect of the federal government's blinders.
ReplyDeleteGood point, and one I had not thought of. Civil unions or same-sex marriages do have that significant disadvantage in SSI comps. But, in many states FEHB health benefits are significantly better than Medicaid which in Red States especially,is minimal. And, health care is available to traditional couples without a determination of disability, a big plus. The states are in such trouble now that it's hard to say whether those Op Supp payments will still be around in a few years. It's a changing situation and a lot depends on the CA single-gender case coming up to the federal courts. No way to tell how this is going. Like it or not, the law may change in a way the Subcommittee doesn't like. We'll see.
ReplyDeleteI always thought SSA determined whether a domestic marriage was valid based on state law. Does the DOMA specifically change this?
ReplyDeleteYes, DOMA specifically denies federal recognition of same-sex relationships, regardless of state law.
ReplyDeletehttp://www.law.cornell.edu/uscode/1/7.html
Defense of Marriage Act, one of the few right things Congress has done. With the bunch running things now I wonder if it will get repealed.
ReplyDelete"Influential lawmakers also pushed for the changes — even drafting legislation requiring the State Department to offer these benefits."
The taxpayers shouldn't be picking up the tab for Mary's two mommies or Johnny's two daddies.
Suffering from a long term disease and can't find a real solution for the disease by using pills or medicines just try some Home Remedies for that disease. Home remedies are the best way to get rid of any disease. Because home remedies have no side effects and you can take them regularly and treat the disease permanently.
ReplyDelete