Social Security Spousal Benefits

What Social Security Benefits Are Available for Same-Sex Couples?

by Staff | November 21st, 2014

Most Americans pay into the Social Security program throughout their entire working careers, but what happens to a person’s benefits if they pass away unexpectedly? The attorneys with Fleschner, Stark, Tanoos & Newlin explain that if the deceased individual was married or had children, their next of kin would receive survivor benefits.

Several recent changes to the law allowing same-sex marriage has created some issues as to who this particular type of benefit should be awarded to. Several states have made it legal for two individuals of the same gender to become bound in matrimony.

The Social Security Administration (SSA) has ruled it will recognize same sex marriages when it comes to awarding survivor benefits, but only in states where the practice is legal.

These aren’t the only benefits same-sex couples may qualify for under the same rules. In fact, a story from Investment News states the Social Security Administration is currently processing claims for both spousal and children’s benefits for same sex couples living in states where the practice has been made legal.

Like most processes overseen by the SSA though, applying for any of these benefits can be a long and complex task. Hiring an attorney to help you with your case can help eliminate any questions you may have and make collecting the necessary paperwork and documentation easier.

At Fleschner, Stark, Tanoos & Newlin, we’re available to speak with you anytime about questions you have regarding Social Security benefits. Call our team of Social Security Lawyers today at (800) 477-7315.

Effects of Marriage and Divorce On Social Security Disability Claims

by Staff | October 23rd, 2013

October 23, 2013

When applying for Social Security Disability Benefits, there are numerous factors that will come into play when determining the amount of compensation the claimant will receive. One of the most important factors that will be examined is if the claimant is married or has been divorced in the past.

Current spouses may be able to file a successful claim for benefits under a disabled individual’s record if the spouse is over the age of 62-years-old. The spouse is able to file a claim for benefits at any age if they are caring for a child in the home who is under the age of 16-years-old.

The Social Security Administration says that benefits are payable to a former spouse if the individual:

  • Was married to the other for more than 10-years
  • Is over the age of 62-years-old
  • Is currently unmarried, and does not qualify for a higher benefit under their own record

A disabled individual’s current spouse is eligible for benefits anytime a former spouse is awarded benefits.

The process for determining benefits for spouses can also become quite complex depending on that individual’s work record. That is why the Social Security Disability Attorneys with the law firm of Fleschner, Stark, Tanoos & Newlin encourage anyone who is considering applying for such benefits, or who have a claim that was denied in the past, to discuss their legal options with an attorney as soon as possible.