What Should Happen to a Same-Sex “Second Parent” Regarding His Or Her North Carolina Social Security Disability Benefits?

July 10, 2012, by Michael A. DeMayo

In May, voters in North Carolina approved a Constitutional amendment prohibiting same-sex marriage. But the ban has not stopped six same-sex couples from striving to protect their civil rights and ensure North Carolina Social Security disability benefits (and other benefits) for their children.

The lead plaintiffs in the case, Marcie and Chantelle Fisher-Borne, have argued that the ban on second parent adoption is unfair to children involved, because it prevents these children from collecting benefits from the second parent – such as veterans, life insurance, health insurance, and Social Security Disability.

According to NC law, step-parents are afforded these rights – that is, they can adopt. But back in December 2010, the NC Supreme Court reversed unmarried second parent adoptions, despite the fact that Washington DC and 20 other states allow the gay or lesbian partner of a legal parent to adopt.

This is obviously a morally and legally hotly contested issue in the Tar Heel State and elsewhere.

It’s useful to bring up this situation, however, and because it illustrates a critical point that many other pieces on North Carolina social security disability miss – which is that SSD benefits (or lack thereof) are just a component of a larger package.

In other words, your quest for benefits does not exist in a vacuum. There are other financial, medical, and relationship-related issues that you’re managing simultaneously. To the extent you can view your financial situation as one big system – as opposed to getting obsessed with the discrete elements of that system – is the extent that to which you should be able to find shortcuts to success.

For instance, let’s say that, even after working with a trusted and experienced law firm, like the team here at the Law Offices of Michael A. DeMayo, you’re still unable to secure the benefits you want.

If you can see your quest in context, perhaps you can find other ways to meet your financial needs. For instance, maybe you can reduce your expenses or rely on a relative or friend to help you manage some of your struggle. The broader and more diverse the context of your quest, the more opportunities you will have to succeed.