New details are emerging about how Social Security will treat same-sex marriage in terms of impact on disability benefits. We now know the following as a result of the Justice Department’s interpretation of law:
(1) The Social Security Act requires the agency to follow state law in Social Security cases.
(2) Social Security is now processing some retirement, surviving spouse and lump-sum death payment claims for same-sex couples in both marital and non-marital legal relationships and paying benefits where they are due.
(3) If you receive SSI benefits, your spouse’s income and resources may affect your SSI eligibility or payment amount.
(4) If you receive SSI benefits, you must inform Social Security if you marry your same-sex partner.
For more information, check out http://www.socialsecurity.gov/pubs/EN-05-10567.pdf