I will be applying for Social Security sometime later this year (I turn 70 later in the year).

I'm a long time post-op and my birth certificate, Social Security sex marker and driver's license sex wee changed over 20 years... and before Trump took office I got my first passport ever and it has  a female designation...

But my marriage from "before" the change has survived...

My spouse is collecting SS already on her own record but she never earned much. Her spousal benefit based on my earnings record would be 14% higher that what she is currently getting... which would really help us out in retirement.

The question is what will happen when I get on SS and she applies for her spousal benefit? Our marriage license of course has me as male...

Will:
1) I get reclassified as male by SS, which could affect medicare for things like endo vists and hormones and maybe even get my passport reissued as male?
2) they question the validity of our marriage because things don't line up eventually leading to 1?
3) some other issue comes up?
4) things go through without an issue? (I hope!)

If anybody here has or will deal with a situation like this in the next few months (I know not likely) I would appreciate hearing how it went for you...

I will bump this every once in a while if there are no responses.

Thing would have been simpler if I was a year older!

Thanks,
- karen


 

Hi Karen,

All of these agencies do their best to make sure you get your benefits.  Work with them, and don't get angry at the messenger.  You may have to answer a few more questions due to your circumstances but I expect you will be fine.  There are lots of medicare advisory companies that advise on how to apply for medicare, you may want to call a few to see if they've ever come across this before and if they have any advice.

Please keep us updated. 

Warm regards,

Paulie.

   

The Social Security website has a ton of information and even forms you can fill out.

My understanding is that your work record is tied to your name, SSN, and date of birth... not your birth certificate, and not your gender.

If your SSN card is updated with your current name, there should be no issue. But just in case, try to gather documents that you might need. Check SSA.gov for a list. Things like the marriage certificate, that points to the name/gender change document, so have a copy of those. When you have all the documents to verify who you are and explain any discrepancies, make an appointment at your local SSA office. Don't worry about Medicare yet. Get the benefits rolling first. Your Medicare ID card will come in the mail later.

You can start the online form and it will tell you what you need.
https://www.ssa.gov/apply

Also, there are various publications that may answer questions, like "What Same-Sex Couples Need to Know":  https://www.ssa.gov/pubs/EN-05-10014.pdf

The list of publications can be found here:
https://www.ssa.gov/pubs/

Quote from: Lori Dee on February 23, 2025, 10:42:38 PMMy understanding is that your work record is tied to your name, SSN, and date of birth... not your birth certificate, and not your gender.

I was worrying bout the teh effect of my spouse applying for her spousal benefit..

I think in the end we will get all the benefits due, it the side effects on my sex marker from verifying the marriage with the current administration in power, I worry about... Even the date of our marriage predates the legality of same sex marriage in any state!

My birthday is late enough in the year that I can put of taking benefits into next year without losing any (you can get retroactive benefits for up to 6 months)... If I keep my job the whole year I could afford to do that.

In any case I am hoping someone else in a similar situation actually has to navigate it before i do, so I have some idea how best to approach things!

Until someone goes through it,  what will happen is unclear. It seems like anything having to do  with the federal government is up in the air these days!!!

- Karen

Quote from: Karen_A on February 23, 2025, 11:15:19 PMI was worrying bout the teh effect of my spouse applying for her spousal benefit..

I understand. I would check the website for information, or even go to the SSA office and talk to them. I have been to our local office a few times to get answers or to process paperwork. They were always helpful. One guy was clearly not impressed with how I dressed, but he did his job and got my paperwork done without comment.

The important thing to remember is that the clerks in the office do not make policy. They are bureaucrats who have been doing things a certain way for years. Even if policy changes, they will be slow to implement them. Also, Social Security is governed by law, not Executive Orders. In order for benefits to change, it must go through Congress first.

Quote from: Lori Dee on February 24, 2025, 08:21:31 AM. Also, Social Security is governed by law, not Executive Orders

As Trump said to the Governor of Maine, he considers his executive orders law...

I fear not only for myself but for the country...

-Karen

Executive orders have the force of law but they are not legislation.

From the American Bar Association:


https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-an-executive-order-/

Quote from: Karen_A on February 24, 2025, 06:46:57 PMAs Trump said to the Governor of Maine, he considers his executive orders law...

I fear not only for myself but for the country...

-Karen

I don't blame you.  I fear for other countries as well.

Quote from: ChrissyRyan on February 24, 2025, 06:56:38 PMExecutive orders have the force of law but they are not legislation.

From the American Bar Association:


https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-an-executive-order-/

That is a very interesting article.  I have bookmarked it.

Bump...

I will be applying for social security shortly and so my spouse will be applying for her spousal benefit soon  too..

(se below for details)

Has anybody else hd to deal with this situation yet?

Quote from: Karen_A on February 23, 2025, 09:14:33 PMI will be applying for Social Security sometime later this year (I turn 70 later in the year).

I'm a long time post-op and my birth certificate, Social Security sex marker and driver's license sex were changed over 20 years... and before Trump took office I got my first passport ever and it has  a female designation...

But my marriage from "before" the change has survived...

My spouse is collecting SS already on her own record but she never earned much. Her spousal benefit based on my earnings record would be 14% higher that what she is currently getting... which would really help us out in retirement.

The question is what will happen when I get on SS and she applies for her spousal benefit? Our marriage license of course has me as male...

Will:
1) I get reclassified as male by SS, which could affect medicare for things like endo vists and hormones and maybe even get my passport reissued as male?
2) they question the validity of our marriage because things don't line up eventually leading to 1?
3) some other issue comes up?
4) things go through without an issue? (I hope!)

If anybody here has or will deal with a situation like this in the next few months (I know not likely) I would appreciate hearing how it went for you...

I will bump this every once in a while if there are no responses.

Thing would have been simpler if I was a year older!

I started receiving SSD before my then-husband started receiving SS. When he applied to start receiving his SS, SS called us to start my application for receiving my part of his benefit. We don't recall anyone asking for our marriage certificate. We're hoping that your applications go through as smoothly.

In New York State, birth and marriage certificates seem to take a long time to process. Six months ago, a City Clerk told us that they were taking close to a year for anyone to update.

We ache for you as you face this not-knowing. Twenty years ago, I was hearing that my kids shouldn't expect to receive SS. I know people who started drawing their SS early, just to make sure that they got some of it before Congress ceased it. I felt confident that we'd be grandfathered. Now...

I believe in the power of optimism. When I'm wrong about something, I still have the physiological and spiritual glimmer from my hope to sustain me. How do you feel about focusing on what you want, and celebrating every indication that you're getting it?