I. Question Presented
You asked us whether the Social Security Administration (SSA) should award a lump-sum
death payment to Ms. S~ (the claimant) on the earnings record of F~, the deceased
number holder (NH), with whom she entered into a domestic partnership on March XX,
2011 in the state of Maine. [1]
II. Short Answer
Yes. We believe SSA can award the lump-sum death benefit to the claimant, as we believe
the courts in Maine would grant an opposite-sex domestic partner the same rights as
a widow to share in the distribution of the NH’s intestate personal property.
III. Background
The NH and the claimant[2] entered into a domestic partnership in the State of Maine on March XX, 2011. See Exhibit – Dangler-Blodgett Domestic Partnership – State of Maine. At the time of
the NH’s death, in April 2017, he was domiciled in the state of Maine. The NH resided
at the same address as the claimant from at least 2011 through his death, except for
the two months leading up to his death, when he required care in a nursing home.
IV. Applicable Law: Federal Law and Agency Guidance
Relevant here, to be entitled to a lump-sum death payment under Title II of the Social
Security Act, a claimant must show that she is the widow of the insured and was living
in the same household with the deceased at the time of his death. See 42 U.S.C. § 402(i)(1); 20 C.F.R § 404.390.
As to the requirement of whether a claimant is a widow, the Act defines “widow” as
“the surviving wife of an individual . . . .”[3] 42 U.S.C. § 416(c)(1). The relationship requirement can also be met if, under State
law, the claimant would be able to inherit a spouse’s share of the insured’s personal
property if he were to die without leaving a will. 42 U.S.C. § 416(h)(1)(A)(ii); 20
C.F.R. § 404.345; Program Operations Manual System (POMS) RS 00207.001. See also POMS GN 00210.004 (recognizing that a same-sex domestic partnership is a type of non-marital legal
relationship that may convey spouse-like inheritance rights). To decide a claimant’s
relationship to the insured, the agency must look to the laws of the State where the
insured had a permanent home at the time he died. 20 C.F.R. § 404.345; POMS RS 00207.001.
Thus, even though the claimant and the NH were never ceremonially married, the claimant
will be considered the NH’s widow if: (1) the domestic partnership was valid in Maine
and (2) Maine law would either recognize a domestic partnership as a marital relationship
or allow members of a Maine domestic partnership to inherit the same share as a spouse
under its intestacy laws at the time of the NH’s death.
V. Discussion
A. SSA Should Consider the Claimant to Be the NH’s Widow Because She
Could Inherit aSpouse’s Share of the NH’s Estate under
Maine’s Intestacy Law.
i. The Domestic Partnership Between the Claimant and the NH Was Valid
in Maine.
The domestic partnership between the claimant and the NH was valid under Maine law
from the time it was entered into through the NH’s death. The state of Maine, by statute,
has allowed domestic partnerships since 2004, at least between opposite-sex couples,
and continues to register such partnerships today. See Me. Rev. Stat. Ann. tit. 22, § 2710 (2004); Me. Rev. Stat. Ann. tit. 22, § 2710 (2010).
The domestic partnership between the claimant and the NH was entered on March 28,
2011; the claimant provided a certified copy of the record issued by the state of
Maine. The record indicates that domestic partner “means one of two unmarried adults
who are domiciled together under long-term arrangements that evidence a commitment
to remain responsible indefinitely for each other’s welfare.” See Exhibit – Dangler-Blodgett Domestic Partnership – State of Maine.
ii. Maine Recognizes Domestic Partnership as a Non-Marital Legal
Relationship ThatConfers Inheritance
Rights.
As the claimant and the NH were in a valid, non-marital legal relationship, we consider
next whether Maine would recognize the relationship as one that would allow the claimant
to inherit as a “spouse” under its laws. The agency will consider the claimant to
be the NH’s spouse for benefit purposes if the state of the NH’s domicile would allow
the claimant to inherit a spouse’s share of the NH’s personal property if the NH died
without leaving a will. 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; POMS RS 00207.001.
Maine sets forth the law of intestacy in the Maine Uniform Probate Code (UPC). The
Maine UPC defines the term “heir” to mean “those persons, including the surviving
spouse or surviving registered domestic partner, who are entitled under the statutes
of intestate succession to the property of a decedent.” Me. Rev. Stat. Ann. tit. 18-A,
§ 1-201(17) (2017). And, dispositive to the claimant’s application here, the Maine
UPC recognizes a surviving registered domestic partner as synonymous with a surviving
spouse in its law on intestate succession. Me. Rev. Stat. Ann. tit. 18-A, § 2-202(17)
(2017) (“Share of spouse or registered domestic partner”). Therefore, since the state
of Maine would find that a domestic partner inherits as a “spouse” under its intestacy
statutes, SSA should consider the claimant to be the widow of the NH.
B. The Claimant Was Living in the Same Household with the NH at the Time
of his Death.
The claimant also satisfies the requirement that she was living in the same household
with the deceased at the time of his death. See 20 C.F.R § 404.390. Although the deceased NH lived in a nursing home for the two
months prior to his death, the claimant and NH would still be considered “living in
the same household” within the meaning of the regulations, as this arrangement was
temporary. 20 C.F.R. § 404.347(c) (“An absence will be considered temporary if: (c)
It was for an extended separation, regardless of the duration, due to the confinement
of either you or the insured in a hospital, nursing home, or other medical institution,
if the evidence indicates that you were separated solely for medical reasons and you
otherwise would have resided together.”).
VI. Conclusion
As the NH’s domestic partner, we believe the Maine courts would recognize that she
could inherit intestate personal properly as the NH’s widow under Maine law. In addition,
she was living in the same household as the NH at the time of his death. Accordingly,
we believe SSA can award a lump-sum death payment to the claimant based on the NH’s
record.