LGBTQ+ seniors now qualify for Social Security survivor benefits

LGBTQ+ seniors may be eligible for a lump sum for years they were denied survivor benefits due to anti-LGBTQ discrimination and up to double the amount of monthly Social Security income they previously received.

Survivor benefits are for widows and widowers paid by the Social Security Administration when their spouse dies. The benefits are typically used to pay bills that the couple once shared, documented by a marriage license, shared loans, or a child’s birth certificate.

Because same-sex marriage wasn’t legalized in all 50 states until 2015, the Social Security office historically denied claims from LGBTQ+ widows and widowers with documentation of their shared finances with their deceased partner.

LGBTQ+ legal group Lambda Legal represented widow Helen Thornton and widower Michael Ely in twin lawsuits Thornton vs. The Commissioner of Social Security and Ely vs. Saul, filed with the Supreme Court in 2018. In November 2020, the Supreme Court ruled in favor of Thornton and Ely, but the Trump Administration appealed the ruling, blocking LGBTQ+ elders from accessing their benefits.

The Biden Administration recently removed the Trump-era appeals, and LGBTQ+ elders can finally access their survivor benefits. Thornton was awarded $72,000 and Ely was awarded $90,000 in lump sums for the years they were denied survivor benefits.

If you are an LGBTQ+ senior widow or widower, you may be eligible for survivor benefits that can double the amount of Social Security income currently received and a lump sum death benefit of $255. Here’s how to access those benefits

WHO IS ELIGIBLE?

According to the Lambda Legal, a couple must have been married for more than nine months to claim benefits. The surviving spouse can apply at age 60, or at age 50 if living with a disability, or at any age if caring for a child adopted with the deceased.

A surviving spouse who was previously denied survivor benefits by the Social Security Administration because same-sex marriage was not yet legalized can reapply for survivor’s benefits at any time, or appeal a previous claim.

Questions the SSA will ask include when the state you were living in legally allowed same-sex marriage; whether you would you have been married if there were no laws barring same-sex couples from marriage; did you have a commitment ceremony or register as domestic partners in your city, state, or employer; how long were you together; when did you consider each other family; did you live together, if so, for how long; did you own property together?

Documentation can include a death certificate, photos or written proof of a commitment ceremony, if you had one, and any documentation of your attempts to file domestic partnership with any government entity or state, dated photographs, and shared financial documents, such as a mortgage, title, or lease.

To apply for survivor benefits, call the SSA at 1-800-772-1213, or visit a local field office to get further assistance in accessing your benefits. Mention emergency message codes EM-21007 SEN REV, code 529, and EM-20046 SEN REV 2 to speed up the process.

Visit Lambda Legal’s FAQ pages at lambdalegal.org for more information.