7/28/2019 After DOMA: Supplemental Security Income for Aged, Blind, and Disabled (SSI)

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Tis series of fact sheets produced together by:

American Civil Liberties Union | Center for American Progress | Family Equality Council | Freedom to Marry | Gay & Lesbian Advocates & DefendersHuman Rights Campaign | Immigration Equality | Lambda Legal | National Center for Lesbian Rights | National Gay and Lesbian Task Force | OutServe-SLDN.

SUPPLEMENTAL SECURITYINCOME FOR AGED, BLIND,

AND DISABLED (SSI)Te Supplemental Security Income (SSI) program pays a modest cash benet to people

who are at least age 65 and meet nancial limits or have severe disabilities and very limitedincome and resources. Seewww.ssa.gov/pgm/ssi.htm.

How does marital status matter for SSI purposes?

Being recognized as married generally makes it more dicult or someone to qualiy or SSwhen the couple is living together. A married couple living together where both spouseare at least age 65 or meet the Social Security Act disability standard must apply or SSI asa couple. Te limit on allowable resources or a couple to be eligible or SSI is 50% highethan or an individual, and in most states, the limit on allowable income or a couple is also50% higher than or an individual. Very ew married couples will qualiy.

I a married couple lives together, but only one spouse meets the age or disability standard,then that spouse must apply as an individual, but the income and resources o the ineligible

spouse will be deemed to the spouse applying or SSI (i.e., considered to be income andresources o the spouse applying or SSI) under a ormula set orth in the SSI regulationsRelatively ew will qualiy i they are subject to deeming.

I a married couple lives apart rom each other, they will be treated the same as unmarriedindividuals or SSI purposes.

For more inormation, see

www.ssa.gov/policy/docs/issuepapers/ip2003-01.html.

Caution: For most couples, being married is not benefcial or SSI purposes. People receivingSSI should, i possible, consult an attorney who is knowledgeable about the SSI programbeore deciding to marry.

How is marital status determined for SSI?

Te Social Security Act denes the rules or determining marital relationships orSSI recipients. See 42 U.S.C. 1382c(d). Marital status is based under the statuton appropriate State law, and regulations urther speciy that the law o the state odomicilewhere the couple principally livesat the time o application should applyUnder additional statutory provisions, even i the marriage is not recognized by the state

where the couple lives, the couple will nevertheless be considered married or SSI purposesi they can inherit personal property rom the other without a will under the states law a

would a spouse.

Keep in Mind:

Te Supreme Courts ruling in Windsor applies only to the ederalgovernment. It does not change discriminatory state laws excludingsame-sex couples rom state-conerred marriage rights.

Te ruling striking down DOMA will not be efective until 25 days

rom the decision. Even when efective, ederal agencieslargebureaucraciesmay need and take some time to change orms,implement procedures, train personnel, and eciently incorporatesame-sex couples into the spousal-based system.

Until same-sex couples can marry in every state in the nation, therewill be uncertainty about the extent to which same-sex spouses willreceive ederal marital-based protections nationwide. For ederalprograms that assess marital status based on the law o a state thatdoes not respect marriages o same-sex couples, those state laws

will likely pose obstacles or legally married couples and survivingspouses in accessing ederal protections and responsibilities.

Securing air access to ederal protections that come with marriageor all same-sex couples in the nation will take some time and work.In some situations, it may require Congressional action or ormalrule-making by agencies.

Beore making a decision, it is essential that you consult an attorneyor individualized legal advice. Tis is particularly important orpeople who are on certain public benets, as getting married may

jeopardize your eligibility without providing you the ull measureo protections other married couples enjoy. In addition, couples

who travel to another place to marry and then return to live in astate that does not respect their marriage may be unairly unableto obtain a divorce, which can lead to serious negative legal andnancial consequences. People must make careul decisions whenand where to marry, even as we work together to end this injustice.

We are committed to winning universal access to ederal maritalprotections or married same-sex couples through ongoing publicpolicy advocacy, and, where necessary, strategic litigation. Contactour organizations i you have questions, or updates and to learnmore about what you can do to achieve ull equality or those whoare LGB.

Tis Guidance is intended to provide general inormation regardingmajor areas o ederal marriage-based rights and protections based onhow the various ederal agencies have administered ederal benets. Itshould not be construed as legal advice or a legal opinion on anyspecifc acts or circumstances, and does not create an attorney-client

relationship. Past practice is no guarantee o uture developments.While laws and legal procedure are subject to requent change anddifering interpretations in the ordinary course, this is even more truenow as the ederal government dismantles DOMA and extends ederalprotections to same-sex couples. None o the organizations publishingthis inormation can ensure the inormation is current or be responsibleor any use to which it is put.

No tax advice is intended, and nothing therein should be used, andcannot be used, or the purpose o avoiding penalties under the InternalRevenue Code.

Contact a qualied attorney in your state or legal advice about yourparticular situation.

The Supreme Court victory in United States v. Windsorstriking down the discriminatory ederal Deense o Marriage Act (DOMA) afrms that alloving and committed couples who are married deserve equal legal respect and treatment rom the ederal government. The demise o DOMAmarks a turning point in how the United States government treats the relationships o married same-sex couples or ederal programs that are linkedto being married. At the same time, a turning point is part o a longer journey, not the end o the road. There is much work ahead beore same-sexcouples living across the nation can enjoy all the same protections as their dierent-sex counterparts.

7/28/2019 After DOMA: Supplemental Security Income for Aged, Blind, and Disabled (SSI)

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AFTER DOMA: WHAT IT MEANS FOR YOU SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND DISABLED (SSI) 2

Tis series of fact sheets produced together by:

American Civil Liberties Union | Center for American Progress | Family Equality Council | Freedom to Marry | Gay & Lesbian Advocates & DefendersHuman Rights Campaign | Immigration Equality | Lambda Legal | National Center for Lesbian Rights | National Gay and Lesbian Task Force | OutServe-SLDN.

What does this mean for a married same-sex couple who livesin a state that respects their marriage?

A married same-sex couple living in a state that respects their marriageshould be regarded as married or SSI purposes, and the income andresources o both spouses would be taken into account to determine SSIeligibility and benets.

What does this mean for a married same-sex couple who livesin a state that does not respect their marriage?

Te answer is uncertain. Te couple would not be regarded as marriedunder the law o their state o domicile. But it is possible that thecouple nevertheless could be determined to be holding themselves outas married to the community, and hence subject to the rules or marriedcouples or ederal SSI purposes. A section o the Social Security Actprovides that even i there is no recognized marital relationship, i twoindividuals hold themselves out as husband and wie to the communityin which they reside, they will be treated the same as a married couple orSSI eligibility purposes. See 42 U.S.C. 1382c(d)(2). Eforts may be madein non-recognition states to apply this holding out provision to same-sexpartners in evaluating eligibility or SSI. Whether a couple is holding out

as a couple is an intensely actual determination. Te act that the couplewas married in another state or shares all expenses should not be decisive.

What does this mean for a same-sex couple who has a civilunion or comprehensive domestic partnership and lives in astate that recognizes the status?

A couple in a civil union or registered domestic partnership in a state thatrecognizes their relationship will be treated as married i under the law othe state they would be treated the same as married individuals or purposeo intestate succession o personal property (i.e., they would inherit romeach other under state law without a will).

Seek counsel rom an attorney in your state or advice about your eligibilityor SSI benets and consequences to you o entering into a marriage,

civil union, domestic partnership, or other potentially legally recognizedrelationship.

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FOR MORE INFORMATION, CONTACTLAMBDA LEGAL

lambdalegal.org

GAY & LESBIAN ADVOCATES & DEFENDERS

glad.org

NATIONAL CENTER FOR LESBIAN RIGHTS

nclrights.org

AMERICAN CIVIL LIBERTIES UNION

aclu.org/lgbt