November 3, 2021 by Clarissa Ayala
Surviving Same-Sex Partners and Spouses Now Eligible for Social Security Survivor’s Benefits Throughout United States
Lambda Legal, a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV, has won victories in two class action lawsuits on behalf of surviving same-sex partners and spouses across the country. These cases impact anyone denied Social Security Survivor’s Benefits because they were unable to be married for at least nine months before their partners and spouses died because of discriminatory state marriage laws.
Trial courts in Ely v. Saul and Thornton v. Commissioner of Social Security held that denying survivor’s benefits to those barred from marriage is just as unconstitutional as the underlying marriage bans. The Social Security Administration is now processing survivor’s benefits claims for ALL surviving same-sex partners and spouses barred from marriage, regardless of whether they had applied for those benefits in the past.
Lambda Legal has put together FAQ documents about these cases to provide information about what these cases mean and how to demonstrate that you may be eligible for survivor’s benefits.
If you would have been married to your same-sex partner for at least nine months before their death, but were never able to marry because of discriminatory marriage laws where you lived, you may be a member of the Thornton class. Click here for the Thornton FAQ.
If you married your same-sex spouse, but were unable to be married for at least nine months before your spouse’s death because of discriminatory marriage laws where you lived, you may be a member of the Ely class. Click here for the Ely FAQ.
If you or someone you know need assistance with a Social Security Survivor’s Benefits Appeal, you can apply for free legal help by visiting https://www.lonestarlegal.org. For anyone without internet access, you can apply by phone at 1-800-733-8394.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well‐being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. To learn more about Lone Star Legal Aid, visit our website at https://www.lonestarlegal.org.
Media contact: Media@LoneStarLegal.org
