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 Congressional Offices
    <p>VA Congressional Offices are offices staffed by representatives who are dedicated to assisting veterans with issues related to their VA Disability Benefits and VA Healthcare. These representatives work closely with the Department of Veterans Affairs (VA) to help veterans navigate the complex process of accessing the benefits and services they are entitled to. VA Congressional […]</p>
    The post <a href="https://www.legalhelpforveterans.com/2023/01/09/va-congressional-offices/">VA Congressional Offices</a> first appeared on <a href="https://www.legalhelpforveterans.com">Legal Help For Veterans, PLLC</a>.
  • Projected 2023 VA Disability Pay Rates
    <p>Veterans experiencing the effects of inflation are likely to see some relief next year with a potential record increase in 2023 VA Disability Pay Rates. According to recent projections by The Senior Citizens League (the nation’s largest nonpartisan senior citizen group), the 2023 cost-of-living adjustment (COLA) will likely be around 8.7%. What Is the Cost-of-Living […]</p>
    The post <a href="https://www.legalhelpforveterans.com/2022/10/04/projected-2023-va-disability-pay-rates/">Projected 2023 VA Disability Pay Rates</a> first appeared on <a href="https://www.legalhelpforveterans.com">Legal Help For Veterans, PLLC</a>.
  • Types of Nightmares Veterans May Experience
    <p>People may know nightmares by the technical name parasomnia. Parasomnia includes sleep paralysis, sleepwalking, and nightmares. According to the American Academy of Sleep Medicine, 60% of veterans suffer from trauma-related nightmares, and 31% suffer from nightmares. Nightmares occur during the resting, waking, or falling asleep state. Although there are several periods when nightmares may occur, […]</p>
    The post <a href="https://www.legalhelpforveterans.com/2022/09/22/types-of-nightmares-veterans-may-experience/">Types of Nightmares Veterans May Experience</a> first appeared on <a href="https://www.legalhelpforveterans.com">Legal Help For Veterans, PLLC</a>.
  • Honoring Our PACT Act of 2022: What to Know
    <p>On August 10, 2022, President Joe Biden signed into law the SFC. Heath Robinson Honoring Our Promise to Address Comprehensive Toxics – or PACT Act of 2022. The bill affords veterans their earned health care and disability benefits under the Department of Veterans Affairs. In this article, we will be examining who is eligible for […]</p>
    The post <a href="https://www.legalhelpforveterans.com/2022/09/19/honoring-our-pact-act-of-2022-what-to-know/">Honoring Our PACT Act of 2022: What to Know</a> first appeared on <a href="https://www.legalhelpforveterans.com">Legal Help For Veterans, PLLC</a>.

Tags: , , , , ,



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

* indicates required