Social Security Administration to retroactively grant same-sex spousal benefits

The LGBT advocacy group Lambda Legal received confirmation Thursday that the Social Security Administration plans to retroactively offer spousal benefits to same-sex couples who were legally wed but lived in a state that did not recognize their marriage. From Lambda:

According to the Department of Justice, the new policy will apply to previously filed claims still pending in the administrative process or litigation. The expected policy change follows the Supreme Court’s June decision striking down marriage bans across the country.

Lambda Legal is pleased to receive this confirmation that the Social Security Administration will soon announce a change to their spousal benefits policy that could right a wrong for hundreds of same-sex spouses.

According to the release, the SSA has given no time frame for when it will officially make the change. But what this suggests is that widows and widowers who have a case pending and whose spouses died before the Supreme Court ruling legalizing gay marriage will be eligible to receive Social Security survivor and death benefits. The decision could also affect couples who have sought other spousal benefits but been denied based on the state in which they reside.

The news from Lambda came on the heels of a New York Times article about spouses whose cases to receive benefits were still pending.