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William769 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:08 PM
Original message
Gay dad, kids receive Social Security benefits
(Washington) The Social Security Administration has reversed a decision to deny benefits to the children of a disabled gay father following a three year battle waged on behalf of the family by Lambda Legal.

“This is long awaited relief for Gary Day and his children, who just want to be respected as the family that they are,” said Lambda attorney Beth Littrell in a statement.

“The Social Security Administration is supposed to provide families with help in a time of need regardless of a parent’s sexual orientation. After three long years and a federal lawsuit, the SSA has finally come through for these children.”

In February 2006, Day completed the applications for Child Insurance Benefits for his children. He provided birth certificates and court documents that acknowledge him as a legal parent of the children. The SSA acknowledged that they received the application and promised to provide a response in 45 days.

http://www.365gay.com/news/gay-dad-kids-receive-social-security-benefits/
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:13 PM
Response to Original message
1. THREE YEARS??????????
They delayed this for THREE YEARS???????

On what basis?

A single father? An adoptive parent? If the kids were legally adopted - and they were - who gives a fuck who's gay or straight?

How come this never got great big publicity?

I hope it gets all sorts of coverage now. What an outrage.........................
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William769 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:19 PM
Response to Reply #1
2. I doubt it will get all sorts of coverage.
At least now the family is being taken care of.

There are so many war fronts for the GLBT Community, But yet some will still say we have all the rights afforded us as everyone else with the exception of marriage.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:21 PM
Response to Reply #2
3. But where in the application to SS
did it ask for the father's sexual orientation?

It didn't.

So this was a whole different kind of mess, maybe just a bias against single fathers.

The whole thing stinks, but I'm glad it's resolved in his favor. As if it legitimately could have ended any other way.

I hate bureaucrats. Hate them .........................
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NCDem60 Donating Member (228 posts) Send PM | Profile | Ignore Mon Apr-27-09 08:47 PM
Response to Reply #1
5. A three year battle to get benefits is not unusual gay or straight.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 09:16 PM
Response to Reply #5
8. I am unversed in this area,
so I'm a real novice. But this guy had to file suit. Is that par for the course?

I know that there are law firms that specialize in SS disability claims, and I know that lots of people - sometimes it seems like everyone - are denied in the initial determination.

This is why, to repeat myself, I just hate bureaucrats. I hate them more than words can ever express................
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 09:30 PM
Response to Reply #5
12. the three year retroactive check is nice however
It took Partner three years. not unusual at all
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Demobrat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:27 PM
Response to Original message
4. It seems like there's something missing here.
Are they his bio kids? Where is their mother? How did the SS administration know he was gay? Lots of gay men have kids and I've never heard of orientation being an issue with SS before ... how did it even come up? Weird.
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Towlie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:55 PM
Response to Original message
6. "Gary Day" is an unfortunate name for a gay man. I'll bet they call him "Dary Gay".
Sorry.
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hyphenate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 08:59 PM
Response to Original message
7. Well, to his benefit
the SS has to pay all his "back pay" to him in a lump sum. He might be able to put a down payment on a house, or use it in many other ways. It won't make up for the past three years, but it will help a little.
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TheMadMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 09:22 PM
Response to Reply #7
10. Price of housing in the US right now...
...he could probably buy one outright if he's not too picky.
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Brooklyns_Finest Donating Member (747 posts) Send PM | Profile | Ignore Mon Apr-27-09 09:17 PM
Response to Original message
9. Very Weird
Edited on Mon Apr-27-09 09:29 PM by Brooklyns_Finest
This story is missing some information. Is he the the biological father? Was he the adoptive father? Those are the only cases where SSA will pay out child benefits to the children of beneficiaries. What documents did he provide at the time of application? I work for SSA, and we usually try to do everything possible to pay out benefits.
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sohndrsmith Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-27-09 09:24 PM
Response to Original message
11. I'm confused. My dad was gay, but he was my DAD. He had every
parental right and access to benefits that everyone else has. I don't understand this... Gay people can adopt children (I'm sure it's awfully difficult, probably more so than a hetero all else being equal) and gay people can be biological parents...

I must be missing a crucial element of this...
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