Judge orders Social Security to recognize PA same-sex common-law marriages

In a sharply worded ruling this week, U.S. District Judge Berle M. Schiller ordered the Social Security Administration to recognize same-sex common-law marriages in Pennsylvania if the marriages have already been recognized by a state court.

Last year, John D. Roberts, a gay Philadelphia man, sued the SSA, claiming the agency was unfairly denying him monthly widower’s benefits after the December 2015 death of his spouse, Bernard O. Wilkerson.

In his lawsuit, Roberts, 65, noted that a state court in 2016 recognized his common-law marriage to Wilkerson dating back to 1990. The SSA, however, maintained it needed more “clear and convincing” evidence that a common-law marriage existed.

On April 23, in an 11-page ruling, Schiller said a state court’s recognition of a couple’s marriage should be enough evidence for the federal agency. Schiller also ordered SSA to pay about $28,000 in legal fees and costs incurred by Roberts.

“We hope this ruling will convince Social Security to follow the law in the future,” said M. Patrick Yingling, an attorney for Roberts. A spokesperson for the SSA couldn’t be reached for comment.

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Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.