{"id":354810,"date":"2023-09-08T15:23:15","date_gmt":"2023-09-08T20:23:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/lgbtq-law\/lgbtq-older-adult\/lgbtq-older-adults-access-to-public-benefits.html"},"modified":"2026-05-19T16:44:00","modified_gmt":"2026-05-19T21:44:00","slug":"lgbtq-older-adults-access-to-public-benefits","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/lgbtq-law\/lgbtq-older-adult\/lgbtq-older-adults-access-to-public-benefits.html","title":{"rendered":"LGBTQ+ Older Adults: Access to Public Benefits"},"content":{"rendered":"\n
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LGBTQA+ Older Adults: Access to Public Benefits and Social Security<\/h1>\n\n
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\n By Isobel Healy, J.D., M.P.H.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

LGBTQA+ older adults face higher rates of disability, economic insecurity, and barriers to public benefits, making programs like Social Security<\/span>, Medicare<\/span>, and Medicaid<\/span> especially critical. Many rely on these programs as primary income or health coverage, yet past discrimination\u2014such as bans on same\u2011sex marriage\u2014has historically limited access to survivors benefits and long\u2011term financial stability.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

But court decisions like Ely v. Saul<\/em> and Thornton v. Commissioner<\/em> now allow surviving same\u2011sex partners previously barred from marriage to qualify for Social Security<\/span> survivors benefits, offering long\u2011overdue protections.<\/p>\n

According to research from the Center for American Progress<\/a>, 48% of LGBTQ+ adults in the U.S. reported having a physical or mental disability. This is compared to 36% of their heterosexual contemporaries.<\/p>\n

This article explains how federal laws\u2014like the Social Security<\/span> Act and landmark cases such as Ely v. Saul<\/em> and Thornton v. Commissioner<\/em>\u2014now protect same\u2011sex surviving spouses. It also outlines key rights under Social Security<\/span>, Medicare<\/span>, and Medicaid<\/span>.<\/p>\n

LGBTQA+ older adults are legally entitled to nondiscriminatory access to these programs. If you or a loved one is facing discrimination or barriers to access, legal help is available. Contact a civil rights<\/span> attorney<\/a> near you for expert help and advocacy<\/span>.<\/p>\n

The Intersection of LGBTQA+ and Disability<\/h2>\n

Disability risk varies considerably<\/a>\u00a0within the overall LGBTQ+ community<\/span>, with the following groups disproportionately affected:<\/p>\n