I wondered how long it would take the Social Security Administration to consult with the Department of Justice about the Obergefell decision before it fully recognized same sex marriages. It turns out that it took a little over a week. The agency is now fully recognizing same sex marriages, at least as of the date that each state started recognizing same sex marriages.
There are still issues about back benefits. If Texas, for instance, wasn't recognizing out of state same sex marriages until the Obergefell decision, is it still appropriate to deny claims for benefits based upon out of state same sex marriages for persons living in Texas for the time period before Obergefell? I expect that there's going to be litigation on this issue. Fortunately, it's a minor matter, affecting only back benefits for only a few people.
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