Social Security has published new instructions that allow the agency to process more claims in which entitlement or eligibility is affected by a same-sex relationship.
This latest policy development lets the agency recognize some non-marital legal relationships as marriages for determining entitlement to benefits. These instructions also allow Social Security to begin processing many claims in states that do not recognize same-sex marriages or non-marital legal relationships. We have consulted with the Department of Justice and determined that the Social Security Act requires the agency to follow state law in Social Security cases. The new policy also addresses Supplemental Security Income claims based on same-sex relationships. Your same-sex marriage may affect your SSI eligibility or payment amount.