The bureaucracy continues to move slowly in regards to Social Security benefits for same-sex couples. The various government agencies and departments continue in a state of chaos as they try to understand the implications of the Supreme Court’s ruling on the Defense of Marriage Act (DOMA). Presently, the Social Security Administration is studying the ruling in light of applicable law with the Justice Department.
The Social Security Administration’s response to the DOMA decision falls into two broad categories. Category A individuals are same-sex couples, who were married in a jurisdiction which recognizes same-sex marriage. The jurisdiction may be in another country, like Canada, or in one of the 13 states which recognize same-sex marriage. Additionally, Category A individuals must also reside in one of the 13 states which recognize same-sex marriage. If both of these criteria are met, than the spouse is eligible for Social Security survivor and retirement benefits.
