Schwartz, Takano and Davis Lead Efforts to Ensure Same-Sex Couples Receive the Social Security Benefits They've Earned

Press Release

U.S. Reps. Allyson Y. Schwartz (PA-13), Mark Takano (CA-41), and Susan A. Davis (CA-53) led 127 U.S. Representatives today in urging the Social Security Administration to improve outreach to same-sex couples.

State and federal laws determining Social Security benefits for same-sex couples have changed significantly in recent years. Prior to 2013, same-sex couples were unable to obtain Social Security benefits, even if they were legally married and lived in a state that recognized marriage equality. Following a 2013 Supreme Court decision benefits have been made available, but only to couples living in states that recognize marriage equality. In this confusing landscape, and with marriage equality being recognized in an increasing number of states, many same-sex couple may not be aware that they are now eligible for Social Security benefits.

"For many years, legalized discrimination prevented same-sex couples from receiving spousal and survivor benefits," said Schwartz. "Considering this history and the complexity of current law, it's clear that a defined outreach effort is necessary to ensure that all eligible same-sex couples receive the Social Security benefits they have earned."

In their letter, Schwartz, Takano, Davis and more than 120 fellow House members urged the Social Security Administration to identify individuals in same-sex relationships who have applied for spousal and survivor benefits but were previously denied, in order to educate them regarding changes in state and federal law and to inform them that they may reapply for benefits.

"The move toward marriage equality is happening at breakneck speed and it is important for same-sex couples to be aware of the benefits that they are now eligible for," said Rep. Mark Takano. "Federal agencies must be prepared for the changes and be able to respond in an efficient manner that leaves no one behind. The Social Security Administration can do just that by improving outreach to same-sex couples who may be missing out on spousal and survivor benefits. As our nation continues its path toward full marriage equality, it is my hope that Acting Commissioner Colvin and the Social Security Administration will move quickly and inform these Americans of their newly available benefits so that those who are eligible can reapply as soon as possible."

"The SSA should be proactive on this issue," said Rep. Davis. "Same-sex couples, many of whom are struggling to get by, may have benefits owed to them and not even be aware of it. A simple letter of notification would not just be of financial benefit but would show that the federal government is truly committed to fairness and equality."

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