Class Certified, Awarded Judgment In Suit Seeking Same-Sex Survivor Benefits

Mealey's (May 29, 2020, 11:04 AM EDT) -- TUCSON, Ariz. — In a May 26 order, a federal magistrate judge in Arizona certified a class of spouses seeking survivor benefits where their same-sex marriages were less than the requisite nine months due to laws barring same-sex unions, enjoined the acting commissioner of Social Security from denying benefits without considering whether the unions were prohibited by unconstitutional laws, reversed the denial of benefits for the lead named plaintiff and entered judgment in favor of that plaintiff and the class (Michael Ely v. Andrew M. Saul, No. 18-557, D. Ariz., 2020 U.S. Dist. LEXIS 92121)....

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