Social Security Sued for Discriminating Against Married Same-Sex Couples

Benefits for unmarried individuals are higher than for married individuals. After the Supreme Court ruled against the federal ban on same-sex marriage, the Social Security Administration has continued to decide benefits to some people in same-sex marriages as if they were single. When the agency saw the error, they demanded repayment.

The case, which alleges the Social Security Administration is violating federal due process rights, is at the U.S. District Court in California’s Central District. “Unfortunately for married same-sex couples in marriage recognition states, SSA was completely unprepared to implement policies required of it by law after DOMA was struck down,” said Gerald McIntyre, directing attorney for Justice in Aging. “The victims of that discrimination should not be the ones to pay for the agency’s mistake.”