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Same-sex partners can now receive Social Security survivor benefits

Surviving same-sex partners and spouses will now be able to apply for Social Security survivors benefits due to the Biden Administration dropping appeals of a case that was supported by the Trump Administration, Axios reports.

Previously, life partners were not eligible to receive Social Security payments that were available to traditional married couples because gay marriage was not recognized federally.  In 2015, the Supreme Court rules same-sex marriages were a Constitutional right.  Through the LAMBDA Legal Fund, surviving members of gay and lesbian partnerships and marriages sued the Social Security Administration in 2018 seeking survivors payments they had been denied in the past.

After two federal district courts ruled in favor of the applicants in 2020, the Trump administration filed notification of appeal.  On Monday, the Justice Department and Social Security Administration notified the court that it was dropping the appeal, allowing surviving partners to file to receive unpaid benefits.

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