This includes enrollments for people with End Stage Renal Disease (ESRD) who need to use the work history of their same-sex spouse to be eligible for Medicare based on ESRD.
When the work history of your same-sex spouse is needed for you to be eligible for premium-free Part A, Social Security will use the same rules for recognizing your marriage or treating a non-marital legal relationship (like a civil union or domestic partnership) as a marriage when determining eligibility for Medicare as it uses for determining eligibility for Social Security benefits.
If you’re 65 or older, you may be eligible for a Special Enrollment Period if you’re covered under a group health plan based on you or your spouse’s current employment.Individuals in civil unions or domestic (or life) partnerships aren’t considered spouses for these purposes.We ask for your continued patience as we work with Social Security and the Department of Justice to develop policies that are consistent with the Social Security Act and the Windsor ruling.If you think you might be eligible for Medicare based on the employment history of another person, we encourage you to apply right away for benefits.The date of the marriage and where you and your same-sex spouse live aren’t considered for Special Enrollment Period eligibility.
For this reason, Social Security is now able to process Special Enrollment Period requests for people with group health plan or Some applications are on hold while we finish all the policies affected by the Windsor ruling.
If you’re under 65 and disabled, you may be eligible for a Special Enrollment Period if you’re covered under a large group health plan based on your, your spouse’s, or your family member’s current employment.
A family member includes domestic partner, so a Special Enrollment Period is available if you’re under 65 and disabled as long as you have large group health plan coverage through your partner’s current employer.
, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.
Medicare is no longer prevented by DOMA from recognizing same-sex marriages for determining entitlement to, or eligibility for, Medicare.
Social Security is now processing some Medicare enrollments for same-sex spouses, including: for Part A coverage if you or your spouse paid Medicare taxes while working.