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Loading ...Gay dad, kids receive Social Security benefits
04.27.2009 6:00pm EDT
(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.
After more than a year with no response, Lambda Legal sent a letter on Day’s behalf seeking action by the agency. The SSA still did not provide an initial determination of eligibility citing unspecified “legal questions and policy issues” involved with the application.
Day provided all the necessary documentation to establish a legitimate parent-child relationship and fulfilled all of the SSA’s prerequisites, according to Lambda, yet his family was left without the social safety net that Day had paid into for decades and that all other families are provided on a regular basis.
In May 2008, Lambda Legal, along with co-counsel from McDermott Will & Emery, filed suit against the SSA compelling the agency to act on Day’s application and urging the SSA to recognize Day as a legal parent of the children.
The agency Friday finally sent a letter to Lambda recognizing the legal relationship between Day and his children without discrimination based on his sexual orientation or family status.
“As a parent, it is my job to provide for my children,” said Day.
” I am relieved to be able to fulfill my promise and also relieved that the SSA will provide the benefits my family needs, just as they do for other families.”
“This case has always been about the welfare of Mr. Day’s children and protecting them from discrimination … The sexual orientation of their parents is and should be irrelevant to such a determination,” said co-counsel Lisa A. Linsky.
Thanks to LAMBDA…. again.
Lambda Legal is my new Hero. It is such a shame that this was even controversial. I hope he and his family were not harmed by the incredible delay by the fed gov’t.
http://www.myspace.com/gaydaddynm to read an interesting blog covering issues relevant to the gay community!!!
Unlike HRC, Stonewall Democrats and President Osama Hussein Homophobama, Lamba Legal actually uses the money we send them to do great work.
Roger,
I’m sorry Obama hasn’t changed the world in his first 100 days, I’m sorry for him not snappping his fingers and making everything smell like roses. Do you expect President Obama to do this by his first 100 days???
Where were you when former president bush, was effin up the government for all of the democrats,republicans,Independent,conservatives, liberals etc,etc.??????? If you expect a perfect president, you’ll be searching forever. There is nobody on this earth that can change the world this fast. I guess you can just call me a conservaphobe & a republaphobe. I believe he will help us at least with the ethnic barriers. I don’t come back on here to read this, but I just had to reply to ROGER.
I really am offended by the remarks made by Rodney Moore about President Obama. I am dissappointed in many ways about Obama, but I still respect him as President, thus far. I see nothing positive done by the Bush Administration at all in the last eight years.. In fact, Bush & Cheney did much to erode the United States Constitution, in the seemingly attempt to create a Right Wing Republican Theocracy.
I don’t understand this. Why would the SSA not give Mr. Day benefits? The story was that he was disabled and had two children. Why had this been such an issue? Were these benefits because his partner died? Didn’t say anything about a partner. Mr Day is disabled! Why would the SSA not respond? Did he say he was gay? What does that have to do if these children are his?
I have the same questions as John. There is no info as to why SSD took their time. I do know that most people are turned down for SSD the first time they apply. Often it take an appeal before most are granted funds.
I agree with John. This article seems to be written without explaining the underlying facts. It is biased in that it almost sounds like they were denying benefits because Gary was gay. More facts and less sound bites would be nice.
And on the Obama comment – Democrats treat gays the way Bush (the first one) treated the ultra conservatives – “Who else are they going to vote for?”. How many democrats voted for DOMA (and which president signed it into law). Democrats treat gays like the ones that will vote for them no matter what – so why give the gays anything that could lose votes on the other side.
I pray daily that people put aside their discrimination on race, sex, sexual orientation, religion… We are all GODS children. Look within and see what’s in a persons heart, not who they sleep with, church they go to, or color of their skin. Does it really matter? NO!
Rodney Moore: Sorry, I understand your frustrations, but Obama has a full plate. Can you imagine what would not have happened or been overturned, if McCain and Palin won.
It would have been a license for the KKK Christian(anything but) taliban to go further and further in their campaign of hatred.
Instead, most of the country is thrilled with a Black man winning, and the repubs losing most of their power in DC. And as you see in what has happened this yr re CT, Iowa, VT, and potentially other places, good begets good.
While during the repub right wing years, evil begat evil under the leadership of Satan himself in the white house, tied in with his religious nazi fundies. The true missing link in the evolution of mankind.
So please temper your remarks. Obama may well be the salvation of this country which was headed for becoming a new holy roman empire – the same type of combination of business fascists with religious fascists that in the middle ages and the 1900s gave the world the dark ages and actually set the stage for WWII and 9/11.
Sorry if I’m publically pissing on you, but I am thrilled at what is happening re Obama, and if eg Sweden was in a much more temperate climate, and McBush and Palin won, and we didn’t have 3 kids here, I’d seriously have thought about leaving this nation, before the KKK christian gestapo came for my family and myself, in a repeat of history. And most likely you also.
(ps I’ve more or less tossed being religious – I’m Jewish – after our own ultra orthodox said gays were like bird flu. – a call for the extermination of gays in my opinion by the very people whose ancestors prob only 1-2 generations back shared hitler’s ovens with the gays of germany.
And I think my wife understands that while she is going to Israel this summer, the $4000 it would have cost for me is going to support the dems, the gays, and a few good republicans like Spector – in the hope that he will bring more of the disgusted good repubs out of our own nazi party.