Veteran Disability Attorney Fausone Remarks On Same-Sex Spousal Benefits | Law Firm Newswire

Veteran Disability Attorney Fausone Remarks On Same-Sex Spousal Benefits

Northville, MI (Law Firm Newswire) October 10, 2013 - The White House has announced that the same-sex spouses of military vets are now granted spousal benefits.

Legal Help for Veterans is a law firm helping veterans get the benefits they deserve.

The Supreme Court's rejection of the Defense of Marriage Act (DOMA) means that the spouses of vets can collect federal benefits, regardless of their gender. Prior to this ruling, both the Defense departments and Veterans Affairs only granted benefits to the heterosexual spouses of veterans.

"There has long been a statutory requirement which states that spousal benefits must be determined through the law of the state where the couple resided during the marriage, or when the veteran's spousal benefits 'accrued,' and not based on where the marriage ceremony was performed," said veterans disability attorney James Fausone. "The number of states that still have not legalized same-sex marriage meant that determining a same-sex marriage’s validity was standing in the way of health care access and survivor payments."

The opening up of benefits came on the heels of the Defense of Marriage Act's backers dropping their formal opposition to benefits for same-sex spouses. The White House has announced that couples who are legally wed must be treated the same across the board in terms of federal taxes, regardless of their gender.
"Same-sex couples can now file joint tax returns and get any available federal tax benefits that were previously only enjoyed by opposite-sex spouses," said Fausone.

Changes to same-sex benefits have also been made to family and medical leave benefits, immigration and Medicare, and in other federal agencies. Same-sex couples who are legally married are also now being recognized for federal tax purposes, says the IRS, even if the state where they live does not legally recognize their marriage.

In June 2013, the section of DOMA which barred a federal recognition of same-sex unions was ruled unconstitutional. But that did not automatically simplify the extension of veterans’ benefits to spouses; a different federal law governs those benefits, not DOMA, which limited the benefit availability to spouses “of the opposite sex.” But in August of this year, a California federal judge ruled that spousal benefits cannot be denied to a lesbian veteran in a same-sex marriage.

Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800

  • VA ventures into gaming therapy
    The Department of Veterans Affairs recently embraced the use of video games in therapies for disabled veterans suffering from a variety of physical, mental and emotional problems. The VA has partnered with Microsoft to develop specially made adaptive controllers which allow those with limited mobility a way to more comfortably play video games. Gaming will […]
  • Can PTSD be contagious?
    Post-traumatic stress disorder could be “contagious.” Although it is not transmitted via shared fluids, research shows that those who care for or regularly interact with a person who has experienced trauma are potentially at risk of developing secondhand PTSD. Although they did not experience or witness the trauma themselves, being in close contact with the […]
  • Navy family awarded $11.5 million in medical malpractice suit at Guam Military Hospital
    A medical malpractice lawsuit against a U.S. Naval hospital brought about by a Virginia couple whose son sustained serious injuries during birth has been settled by the federal government. The couple will receive $11.5 million for the care of their son, who is now five years old. The couple were both Naval officers and were […]
  • Veterans Who Served After 9/11 More Likely to Benefit Financially From Service
    Findings from a study conducted by Pew Research Center showed that combat veterans who served in the military after the September 11th terrorist attacks reported benefiting financially from their service more than those who served before 9/11. Sixty-eight percent of the post-9/11 veterans reported that being deployed in the military had a positive impact on […]

Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required