(GayWebSource.com – Gay Media & Press Network) – Posted by Doug Magditch – HisBigD.com
As previously noted, when the Supreme Court struck down the Defense of Marriage Act, no one really knew for sure what it meant for gay Texans. Most expect that the decision in United States v Windsor will allow some gay couples new federal benefits. Specifically, those who legally married in a state that allows same-sex marriage and moved to Texas.
“It’s expected that most of the federal agencies that govern these benefits will issue opinions as to how the government will handle accessing these for these particular couples,” said Jessica Dixon Weaver, when I interviewed her shortly after the Supreme Court handed down its decision. Weaver is an Assistant Professor of Law at Southern Methodist University’s Dedman School of Law.
However, some federal benefits only apply if the state you’re living in recognizes same-sex marriages.
According to the Social Security Administration, that’s the case for social security benefits. So, if a gay couple married in Iowa and then moved to Texas, the couple will not be allowed to apply for social security benefits.
The policy in the SSA’s primary operations manual explains how agencies should determine “domicile” when processing claims:
b. NH is not domiciled in the same state where the marriage was performed
- If the NH was married in one of the states listed in the chart on or after the date shown in the “Date Same-Sex Marriages Were Permitted in the States” column; and
- The NH was domiciled in one of the states that has a date listed in the “Date Same-Sex Marriages from Any States Recognized” column in the chart above before a final determination; and
- The application date is on or after the date that the state of domicile recognized same-sex marriages from any state; proceed to GN 00210.100B.3. “Determining Duration of Marriage.”
- If not, hold the claim as set out in EM-13022 REV.
[h/t Buzzfeed]
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