• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Royals
  • Monkeypox
  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

Survivor Benefits Payments For Same-Sex Partners Are Being Paid Under Biden, But Many Don’t Even Know They Qualify

Brian Bell February 2, 2022 Leave a Comment

survivor benefits
NYC Gay Pride

Survivor's Benefits Expansion

The Biden administration is doling out survivor benefits payments to partners of same-sex couples who experienced discrimination under previous unconstitutional bans on same-sex marriage.

According to Slate, the Social Security Administration is making sizeable payments to surviving individuals that were prevented from marrying their same-sex partner, thus excluding them from receiving survivor benefits after their partner passed away.

Thousands of LGBTQ+ people have been denied Social Security survivor's benefits because they were unable to legally marry their partner.

Attorney Peter Renn breaks down our lawsuits changing that and why they are “just the tip of the iceberg.” https://t.co/5yVuYhBWRu

— Lambda Legal (@LambdaLegal) January 31, 2022

Under the new measure, surviving same-sex partners can begin collecting benefits once they reach the age of 60 (50 for surviving partners with disabilities). First-time applicants will receive monthly payments averaging just under $1,250, with payments rising after reaching full retirement age. Those that previously applied but were denied will be paid a lump sum payment retroactive to the date of their previous application alongside the monthly payments.

Only The Tip of The Iceberg

“We suspect there are thousands of people in these long-term relationships who never bothered to apply, because they thought it was futile,” Karen Loewy, Lambda Legal senior counsel, told The New York Times. The main worry now is that many eligible people aren't even aware that they now qualify for survivor benefits. The SSA notified 700 people that their previously denied applications qualified for review, but only roughly 100 claims were processed by October 2021. Lambda Legal produced an FAQ to get the word out and help people navigate the claim process.

Lambda Legal attorney Peter Renn told Slate that the 700 figure “only represents the tip of the iceberg.” He continued, “Thousands of surviving same-sex partners are potentially sitting on millions of dollars in survivor's benefits, for which their loved ones already paid, and which could dramatically impact their everyday lives.”

Retweeting this again because it's actually a huge deal and someone who knows some Elder Gays might see it. If you know someone who was denied the right to marry, and their spouse has since passed – they might be eligible for some social security benefits. https://t.co/TCcogYa48q

— Marj (@MarjMellow) February 1, 2022

Legal Victory

Getting the word out is especially important to Lambda Legal as it led the legal challenges that made it possible. The organization filed two lawsuits on behalf of widows and widowers that weren't permitted to marry and whose partners died before same-sex marriage was legalized or were only married for nine months prior to a partner's death.

Nine months is the minimum length a marriage must last for surviving partners to qualify for survivor's benefits per SSA guidance, but Lambda Legal argued that the time limit should be altered if an unconstitutional law kept individuals from marrying at a time of their choice.

A federal judge sided with Lambda Legal in November 2020, declaring that payouts to the plaintiffs and other affected LGBTQ individuals should be made with haste. The Department of Justice settled and dismissed appeals lodged by the Trump administration in November 2021 and began sending out the first payments soon afterward.

Proving Your Relationship

Among those payments were a $90,000 retroactive payout and an $1,800 monthly payment to Anthony Gonzales, whose husband died in early 2014 after they were legally able to marry in August 2013. “We both believed that as gay men we should have the same rights as anybody else,” Gonzales said.

https://www.instagram.com/p/CXexIRnFdOL/

Trying to identify individuals who would have been married if laws were different poses another unique challenge to this process. The SSA built out a list of qualifiers that it believes point to a couple's desire to be married as evaluation criteria.

Included in that list are if a couple lived together, raised a child together, held a commitment ceremony or produce evidence of joint bank accounts or mortgages – all similar criteria to how the SSA handles common-law marriages when determining benefits. “Even photos and love letters,” Loewy said. “There are ways to demonstrate that you were in a committed relationship.”

Survivor Benefits: Previously on Towleroad

Photo courtesy of Elvert Barnes/Creative Commons

Topics: News More Posts About: benefits, gay marriage, Joe Biden, Lambda Legal, Social Security Administration

Related Posts
  • US restores handful of wildlife protections axed by Trump
  • Funding bill bars US embassies from flying LGBTQ Pride flags
  • In a month, Trump faces first election contest since leaving office
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Published by BANG Showbiz English Mel B will “always be open” when it comes to her sexuality. The Spice Girls singer, 48, who reunited with her bandmates including the group's ex-singer Victoria Beckham for the fashion …Read More »
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Published by BANG Showbiz English Megan Thee Stallion is being sued for allegedly creating a hostile work environment and forcing her cameraman to watch her having lesbian sex. The 29-year-old ‘Savage' rapper faces the salacious claims …Read More »
  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Published by BANG Showbiz English Jonathan Bennett's life was “changed forever” by his role in ‘Mean Girls'. The 42-year-old actor starred as heartthrob Aaron Samuels in the 2004 cult classic – which followed Lindsay Lohan, Rachel …Read More »
  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Published by BANG Showbiz English Sir Elton John sent Lance Bass a gift basket after he came out as gay. The 44-year-old NSYNC star revealed the legendary singer showed his support when Lance decided to reveal …Read More »
Previous Post: « Top Senate Republican opposes leniency for U.S. Capitol rioters
Next Post: One trans woman’s fight against a bill that would criminalise Ghana’s LGBT+ community »

Primary Sidebar

Most Recent

  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

    Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

  • Relationship status influences heterosexual women’s sexual prejudice towards lesbians

    Relationship status influences heterosexual women’s sexual prejudice towards lesbians

  • JoJo Siwa had a challenge transitioning to new grown-up image

    JoJo Siwa had a challenge transitioning to new grown-up image

  • Liz Hurley defends lesbian sex scene in new movie that was directed by her son

    Liz Hurley defends lesbian sex scene in new movie that was directed by her son

Partner Links

  • Five Years Ago Today, George Floyd Was Murdered
    May 25, 2020 is a dark day in the history of […]
  • Mike Johnson Says He 'Hasn't Even Heard About' Trump's Unethical Crypto Dinner
    House Speaker Mike Johnson (R-LA) downplayed President Donald Trump's "private" dinner […]
  • Trump FDA Commissioner Complains About 'Throwing Insulin" To People With Diabetes
    Food and Drug Administration (FDA) Commissioner Marty Makary argued that insulin […]
  • C&L's Late Night Music Club With ROSÉ - 'On The Ground'
    I was looking for something newish and I found Blackpink's ROSÉ […]
  • Cher on 60 years of fame, making music, movies, writing her memoir and giving back
    Pop icon, movie star and conservationist Cher’s career spans an incredible […]

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy
[towleroadmr] [towleroadtn]

Footer

Ptown Hacks 2018

Read

  • Travel
  • Film
  • Law – LGBT Rights
  • Columns
  • Specials

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2025 · Log in

×
×