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Can my same-sex spouse collect disability benefits through me?

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In 2015 the United States Supreme Court issued a history-making decision. The matter rose to the highest court in the land based upon the denial of marriage rights to same-sex couples that were granted to opposite-sex couples. When the decision was handed down, all states in the nation, including North Carolina, were required to recognize the marital union between same-sex persons.

As such, many other areas of the law were forced to expand their scope of recognition in order to include benefits to same-sex partners. This includes Social Security disability law and the expansion of disability benefits to same-sex married partners. Individuals, whether of same-sex or opposite sex marriages, have rights to collect disability benefits from their spouses as long as the requirements of the Social Security Administration are met.

There are two general ways that a familial bond may be secured between individuals: through blood or through legal pathways. Sanguine relationships are based on the birth of individuals into families, which legal relationships are created through marriage or adoption. A familial bond is often required for individuals to be able to seek disability benefits due to another person’s condition; this makes the recognition of same-sex marriage an important step toward individuals benefitting from the disability program.

It is best if readers of this Social Security disability benefits law blog discuss their case-specific questions with attorneys who practice this area of law and who live in their geographic regions. A same-sex marriage does not bar an individual from seeking benefits through their spouse’s disability benefits; in order to apply, readers can consult with legal professionals to begin the application process.

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