In June of 2015 the Supreme Court of the United States issued a decision that will impact every gay couple in the country; the couple now has the right to marry under the constitution. For some years this right was limited to several states but with this decision it now applies to all gay couples. Not only will their marriage be recognized, it will also allow for Social Security same-sex spousal benefits in Chicago.
Although the Supreme Court have issued their decision the Social Security Administration have to work in cooperation with the United States Department of Justice before they are in a position to guide those who wish to process a claim, however, they do encourage the claimant to make an application for benefits with no delay. Although the application for benefits may be denied this is no different than applications made by others and the gay applicant has the same right to appeal the decision through the normal channels available to all.
The recent decision is good news for all those who wish to apply for benefits; it is also good news for those who have pending claims that were made prior to the decision as the ruling of the court will be retroactively applied. This is extremely important for those gay couples who live in states that did not recognize their union prior to the recent ruling. There is every reason to believe that the rules that come out of the decision will apply to claims that are currently pending with Social Security. Under the new ruling Social Security same-sex spousal benefits in Chicago will be available to everyone including widows, widowers and those that are retired; the years of work will not go to waste.
What was known as DOMA, The Defense of Marriage Act, has been declared unconstitutional as a result of this recent decision. Now a gay couple has the same rights as any other couple; they might be eligible for a host of Social Security benefits including spousal retirement, spousal disability, lump-sum death benefit as well as survivor benefit.
Like all marriages, some will end in divorce; this is true for gay marriages as well. In the event of a divorce the couple can collect benefits the same as those involved in a heterosexual marriage. As long as the couple has been married for ten years anyone can collect both spousal and widow(er) benefits.
As a result of a recent Supreme Court ruling Social Security same-sex spousal benefits in Chicago are now recognized. For further information on this new ruling you are invited to contact Spector & Lenz, P.C.
