Gay dad, kids receive Social Security benefits

(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.