Feb 10, 2018

Same Sex Marriage Finally Recognized

     Social Security is still sorting out same sex marriage issues. Here's a case where a marriage was finally recognized. The issue was whether the marriage was recognized at the time that one of the parties to the marriage died.

4 comments:

Anonymous said...

Yay... Missouri is finally realizing its 2018. I am from Missouri and i know how prejudice people can be but cases like this where the ALJ, most likely against same sex marriage, uses his power for gis prejudice to truly mess with someone's life. You always hear about "the gay agenda" well what about the "prejudice (most likely hating himself inside the closet) straight agenda" just saying. His long time partner/husband would have wanted him to have those benefits. But what does backwoods prejudice ALJ do... He basically spits on his grave by causing his partner all this heart ache and pain by saying that you weren't "really married". Very sad... But Glad he got it all worked out.

Anonymous said...

Sounds to me like SSA was applying the law that was in effect at the time of death, which is what it is supposed to do. Whether one is for or against same sex marriage is irrelevant. Would it be applauded if SSA had denied benefits to same sex couples who married legally in CA when it was legal for a brief time before it was not recognized? Later it was recognized but there was a period where it was and then wasn't. Applying laws that are in place when the event takes place seem to make sense.

Heather Christopher said...

Did you NOT read the article?!?!?!They were married in Iowa... Iowa legalized same sex marriage in 2009. They had a REAL marriage certificate!!! That's like saying just because you were married in another state, whether straight or gay, that the state you move too doesn't HAVE to recognize that you were married. "Oh, you were married in Vegas... Must have been a drunken bender. Sorry, we won't recognize your marriage." Same logic, basically. These people WERE married!!!

Anonymous said...

Prior to the Obergefell decision, states actually weren't recognizing all marriages from other states. It was part of the challenge in the court case. The Social Security Act requires that SSA look to the state law of the claimant's domicile when determining entitlement to spouse's or widow's benefits. While the marriage was legally performed in Iowa, in Missouri and prior to the Obergefell decision in June 2015, out of state same-sex marriages were not recognized under Missouri state law. Everything changed June 26, 2015, when all states were required to grant same-sex marriages as well as recognize all legal marriages from other jurisdictions.