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Discriminatory Social Security Administration Policy

Created by V.B. on March 27, 2014

The Social Security Program Operations Manual System (POMS) has recently been modified due to the Supreme Court "Windsor" decision striking down part of DOMA. The update (GN 00210.100 Same-Sex Marriage - Benefits for Aged Spouses) has a policy for determining marital status of same-sex couples in states which recognize same-sex marriage. This policy requires same-sex couples to provide evidence to to the Social Security Administration to support their marital status. Opposite sex couples are not required to provide proof of their marital status to obtain benefits.

The Social Security Administration needs to implement a uniform policy for same-sex and opposite sex couples. All married couples ought to be required to provide proof of their marital status.

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