Gardberg & Kemmerly, P.C. Attorneys at Law

Why Same-Sex Couples Should Apply for Social Security Benefits Now

Currently SSA is processing and approving claims for same-sex spouses of retired workers if the couple is married and currently living in a state that recognizes same-sex marriages. But what if you live in Mobile or Pensacola or Biloxi? Alabama, Florida, and Mississippi do not currently recognize same-sex marriages. What should you do if this applies to you? In short, if you meet all of the other requirements for Social Security benefits, you should apply now to preserve your filing date. These claims will be held until SSA issues further instructions on processing. There is no indication yet on when SSA will establish a new policy for processing these claims, but protect yourself and your filing date by filing your claim as soon as possible. For frequently asked questions about U.S. v. Windsor, the repeal of DOMA, and how this affects Social Security benefits, you can find more information at

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