Important Information for Same-Sex Couples
On June 26, 2015, the Supreme Court issued a decision in Obergefell v. Hodges, holding that same-sex couples have a constitutional right to marry in all states. Social Security recognizes valid same-sex marriages for purposes of determining entitlement to Social Security benefits or eligibility for Supplemental Security Income (SSI).
If you are a spouse, divorced spouse, or surviving spouse of a same-sex marriage or non-marital legal same-sex relationship
If you receive Supplemental Security Income (SSI)
We consider same-sex marriages when determining SSI eligibility and payment amount. You must report changes to us, including changes to your marital status and address.
If we told you that we paid you too much SSI due to recognition of your same-sex marriage, please call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security office. On March 16, 2016, we updated our SSI overpayment-waiver policy. So, even if you already asked us about the overpayment, and even if we previously denied your request to waive the overpayment, we will review your case again under our updated policy, if you request that we do so.
Medicare entitlement and enrollment
If you have questions about how your same-sex relationship may affect Medicare, please refer to CMS at http://cms.hhs.gov/ or call CMS at 1-800-Medicare.
If you have additional questions
If you have questions about how a same-sex marriage or non-marital legal relationship may affect your claim or to tell us if you are married, separated or divorced, please call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security office.
Advocates, members of the media, and others with general questions about same-sex marriage or non-marital legal same-sex relationships and Social Security programs may contact their Regional Communications Director.