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I am getting conflicting answers. Am I able to collect my…

Customer Question
I am getting conflicting...

I am getting conflicting answers. Am I able to collect my domestic partners social security, even though he passed away 15 years ago. we were registered domestic partners with california in 1994. were together 13 years

Accountant's Assistant: What's your current age and retirement age?

I will be 64 next week. dont have any plans to retire for a few years, maybe 67

Accountant's Assistant: Anything else you want the Retirement Accountant to know before I connect you?

Dont know what he needs to know. he was about 58 when he passed. i was 50

Submitted: 2 months ago.Category: Social Security
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Answered in 45 minutes by:
5/29/2018
Social Security Expert: bkb1956, Paralegal replied 2 months ago
bkb1956
bkb1956, Paralegal
Category: Social Security
Satisfied Customers: 6,654
Experience: 30+ years of paralegal experience, specifically in residential real estate and corporate matters
Verified

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

As of right now, you are not able to collect your domestic partner's social security benefits.

"Before the Supreme Court overturned Part 2 of the Defense of Marriage Act (DOMA), same-sex spouses were not entitled to federal spousal benefits, even if the couple’s marriage was valid in the state where they lived. This was because the federal government defined marriage as between one man and one woman. However, the federal government must now extend federal benefits, including Social Security spousal benefits, to same-sex married couples, as long as the marital relationship is valid in the state where the couple lives.

This is not true for same-sex (or heterosexual) couples in civil unions or domestic partnerships, even if the relationship is valid in the state where the couple lives and the state gives the same benefits to those unions and partnerships as it does to marriage. At this point in time, Social Security benefits are only extended to couples who have entered into a valid marriage and who live in a state where that marriage is recognized.

In some states, same-sex partners in civil unions have had, or will soon automatically have, their unions converted to marriages, which will make them automatically eligible for federal benefits. Similarly, as to domestic partnerships, in at least one state that has approved same-sex marriage, most same-sex domestic partnerships will automatically convert to marriages."

"Although same-sex marriages are now legal in California, same-sex domestic partnerships continue to be available. Same-sex domestic-partnerships do not convert automatically to a marriage, as in some other states."

The following link contains additional information you will find helpful:

https://www.nolo.com/legal-encyclopedia/social-security-benefits-members-domestic-partnerships-civil-unions.html

You can call Social Security at 10***-***-**** between 7:00 am and 7:00 pm, Monday through Friday, to get confirmation.

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Customer reply replied 2 months ago
Thanks Barb, but again sort of discriminatory, since at that time, 1994, same sex marriages weren't available, but domestic partnerships were.tom fudacz
Social Security Expert: bkb1956, Paralegal replied 2 months ago

I understand what you're saying, but because California is not one of the states that permits same sex domestic partnerships to automatically convert to marriage.

It would be a lot simpler/fairer if federal and and all states observed the same rules.

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