Social Security And Transgender Marriage

The Social Security Administration just updated their policy on benefits for married trans-people,

Social Security Administration Updates Procedural Guidelines on Marriages with Transgender People
Transgender Law Center

Transgender Law Center applauds the Social Security Administration for streamlining the process of handling marriage-based claims involving transgender people. In the past, claims involving transgender people were referred to the Office of General Counsel for legal opinion. Now, most claims will be processed immediately, without requesting a special legal opinion.

I went to the SSA website to look at the new procedures and in typical government fashion you need a PhD to follow it.

Transgender claims are those in which information (e.g., from an amended birth certificate, the Numident, or information volunteered during the interview) suggests that a party in a marriage, whether the claimant or the number holder (NH), has changed his or her sex. A transgender individual is a person whose gender identity is different from his or her sex as assigned at birth and identified in an original birth certificate.

CAUTION: These instructions do not apply to individuals who identify as intersex. Intersex is a term used for people whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female, or who have some sexual characteristics (external genitalia, chromosomes, internal reproductive systems, etc.) that are typically associated with males and some sexual characteristic that are typically associated with females. If the NH or claimant self-identifies as an intersex person, obtain a legal opinion following instructions in GN 01010.815.

NOTE: Do not use sex field data on SSA records to determine whether a valid marital relationship exists if there is evidence of change in sex. Instead, request a public record of marriage per RS 00202.070. Be sure to resolve any other discrepancies using normal operating procedures.

IMPORTANT: If the Numident shows a different name than the one the claimant(s) alleges, verify the identity of the individual. Follow procedures in GN 00203.020, GN 00203.008, and RM 10212.001.

a. How to determine marital status for transgender claims
Step 1
Action:
Does available information (e.g., from an amended birth certificate, the Numident, or information volunteered during the interview) suggest that a party in a marriage has changed his or her sex?

If yes, go to step 2.
If no, do not apply these instructions to determine the individual’s marital status. Do not develop further for possible change of sex.

Step 2
Action:
Ask, “Did the change of sex occur before or after marriage?”
If the change of sex occurred before marriage, go to GN 0305.005B.5.b, below.
If the change of sex occurred after marriage, go to GN 00305B.5.c, below

And it goes on for almost a page of instructions!

The gist of it is if you are legally married you are eligible spousal benefits even if you live in a state that doesn’t recognize your marriage.