Posted March 1, 201711:06 pm
Social Security benefits denied to same sex couples on the basis that the Defense of Marriage Act or state law prohibited SSA from recognizing the relationship can be reopened.
Social Security issued a ruling that they can now reopen Title II and Title XVI determinations and decisions when the Defense of Marriage Act (DOMA) or state laws (including the laws of U.S. territories) prohibited Social Security from recognizing a marital relationship when Social Security would have recognized the marital relationship but for the relationship being between two people of the same sex. This includes claims denied before the Obergefell decision.
The full decision can be viewed at https://www.federalregister.gov/documents/2017/03/01/2017-03932/social-security-ruling-17-1p-titles-ii-and-xvi-reopening-based-on-error-on-the-face-of-the. For information on eligibility or filing for benefits, call 1-800-772-1213.