TN 27 (02-16)

A. U.S. Supreme Court decisions about same-sex marriage

Because of the Supreme Court decisions in U.S. v. Windsor and Obergefell v. Hodges, same-sex marriages are permitted and recognized in all States and U.S. Territories; and SSA is no longer prohibited from recognizing same-sex marriages for the purpose of determining entitlement to or eligibility for benefits.

Instructions in GN 00210.000 contain policies, procedures, and processing instructions for claims, appeals, post-eligibility and post-entitlement actions involving the determination of a same-sex couple’s marital status. Except for the instructions in GN 00210.000, you should apply all other current and relevant instructions in the same manner for same-sex couples and opposite-sex couples.

B. Instructions for processing claims, appeals, post-eligibility and post-entitlement actions involving a determination of marital status

1. Title II

To determine whether a same-sex relationship is a same-sex marriage or non-marital legal relationship (NMLR), follow instructions in GN 00210.002, GN 00210.004, and GN 00210.006.

2. Title XVI

To determine marital status for Title XVI, follow instructions in GN 00210.800.

3. Medicare

To process Medicare-related claims involving same-sex couples, follow instructions in GN 00210.700 through HI 01120.000.