free webinars on post-DOMA legal changes

A year after the Supreme Court decision in United States v Windsor, federal agencies have been issuing rules that affect same sex couples regarding programs like Social Security, Supplemental Security Income, Medicare, and Medicaid.

The National Senior Citizens Law Center (NSCLC) offers this two-part webinar series where participants will learn what’s happened since the decision and what’s still needed to ensure the rights of LGBT same sex couples are fully recognized by the the Social Security Administration and the Centers for Medicare and Medicaid Services.

Social Security and SSI Post-DOMA: Changes for Same Gender Couples?
DATE: Tuesday, July 22, 2014
TIME: 2:00 PM EDT
Presenter: Gerald McIntyre, NSCLC Directing Attorney
Register at https://attendee.gotowebinar.com/register/6568897339522292225

Medicare & Medicaid Post-DOMA: Changes for Same Gender Couples?
DATE: Wednesday, July 23, 2014
TIME: 2:00 PM EDT
Presenters: Georgia Burke, NSCLC Directing Attorney, TBD
Register at https://attendee.gotowebinar.com/register/1277379983106332161

SSA processing spousal benefits for same-sex couples

On August 9, 2013 the Social Security Administration (SSA) issued a short (and sweet for spouses who have been waiting for their benefits) press release.

“I am pleased to announce that Social Security is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due. The recent Supreme Court decision on Section 3 of the Defense of Marriage Act, made just over a month ago, helps to ensure that all Americans are treated fairly and equally, with the dignity and respect they deserve.

We continue to work closely with the Department of Justice. In the coming weeks and months, we will develop and implement additional policy and processing instructions. We appreciate the public’s patience as we work through the legal issues to ensure that our policy is legally sound and clear.

I encourage individuals who believe they may be eligible for Social Security benefits to apply now, to protect against the loss of any potential benefits. We will process claims as soon as additional instructions become finalized.”

To learn more, please visit www.socialsecurity.gov.

WVSLA encourages anyone who thinks he or she may be eligible for a spousal benefit now because DOMA has been overturned to apply for benefits. There is likely no harm in applying even if you are unsure of your eligibility, and by applying as soon as possible you preserve your claim as SSA continues to develop the specifics of its policies related to same-sex couples. Questions that have yet to be answered by SSA include whether couples legally married in one state but now living in another which does not recognize same-sex marriage, and whether civil unions and domestic partnerships will be considered legally on par with marriage.

SSA no longer requires surgery for gender marker change

On June 14, 2013 the Social Security Administration (SSA) announced that it has changed its policy regarding changing your gender marker. If you have transitioned your gender you can get your Social Security record changed to reflect your new gender by providing to SSA at least ONE of the following documents:

• a valid 10 yr passport with the new gender
• a state-issued birth certificate with the new gender
• a court order directing legal recognition of the new gender
• a signed statement from a license physician (M.D. or D.O.) including specifically that the individual has had appropriate clinical treatment for gender transition to the new gender

Surgery is no longer required to change the gender marker in your Social Security record. "Most people may not see this as a big deal, but transgender people know that this seemingly small technical change will protect their privacy and give them more control over their own lives" said Mara Keisling, executive director of the National Center for Transgender Equality (NCTE).

For more information see the SSA policy change here https://secure.ssa.gov/poms.nsf/lnx/0110212200, and see an info sheet from the NCTE about how this policy change effects transgender people here www.transequality.org/Resources/SSAResource_June2013.pdf

WVSLA celebrates Rainbow Pride Week!

This year's theme is "All Together Now. . ." a recognition that no matter how diverse our communities are, when it comes to things like equality, love, and understanding, we speak with a united voice.

In our state capital there are a variety of activities planned, here is an agenda www.pridewv.org/pride-week-2013

federal Defense of Marriage Act unconstitutional

The Supreme Court of the United States issued an opinion today holding that the federal Defense of Marriage Act is unconstitutional. This unlocks numerous legal rights and benefits for spouses in same-sex couples including the federal benefits that opposite-sex married couples are entitled to, like Social Security, Medicare, spousal tax rules, Medicaid spousal impoverishment rules, intestate succession laws, and much more.

Since same-sex marriage is not offered in West Virginia our state's lesbian and gay couples will still not be able to avail themselves of these new legal rights unless they marry in a state that recognizes same-sex marriage.

Much of the legal impact of this case is yet to be determined. You can find information sheets about what this historic case means at the National Center for Lesbian Rights website www.nclrights.org/site/PageServer?pagename=DOMA_FAQ_2013

Long-term Care Facilities and LGBT Adults

One of the first examinations of the LGBT experience with long-term care has resulted in a report called LGBT Older Adults in Long-Term Care Facilities: Stories from the Field. The report looks at an online survey conducted from October 2009 through June 2010 of 769 individuals, 284 of whom identified themselves as LGBT. Other respondents included friends and family of LGBT, service providers, and legal service providers.

The survey did not include a statistically representative sample. Rather it gathered hundreds of personal comments and stories about fears, expectations, incidents, mistreatment, and issues faced by LGBT older adults in long-term care facilities.

The survey and report were produced by a collaborative including the National Senior Citizens Law Center (NSCLC), Lambda Legal, the National Center for Lesbian Rights (NCLR), the National Center for Transgender Equality, the National Gay and Lesbian Task Force, and Services and Advocacy for GBLT Elders (SAGE).

The report includes recommendations for policymakers and best practice suggestions for long-term care providers. Many of the stories in the report illustrate how being open about sexual orientation and sexual identity can be very frightening for LGBT adults in long-term care. Fears of discrimination, harassment, denial of care, or abuse or neglect highlighted by the respondents also point to a need for training our long-term workforce in LGBT cultural competence.

The entire report, as well as video stories, key findings and recommendations, are available at www.lgbtlongtermcare.org.