WASHINGTON – U.S Senators Chris Murphy (D-Conn.) and Richard Blumenthal (D-Conn.), along and 119 of their congressional colleagues today sent a letter to Acting Commissioner of Social Security Carolyn W. Colvin and Attorney General Loretta Lynch to make sure that the Supreme Court's landmark marriage decisions are implemented and that the Social Security Administration (SSA) is treating all marriages equally. The letter, led by Senator Elizabeth Warren (D-MA) and Congressman Mark Takano (D-Calif), urges SSA not to penalize married same-sex couples who received Supplemental Security Income (SSI) overpayments due to SSA's delayed implementation of the law following the Supreme Court's Windsor decision.

"We are concerned to hear that, for some time after the Supreme Court's Windsor decision, SSA continued to issue benefits to Supplemental Security Income recipients in same-sex marriages as though these individuals were single, and that for some SSI recipients, SSA is still doing so," the members of Congress wrote. "SSA should not penalize people who are poor, elderly or disabled because SSA continued issuing benefits to these married individuals as though they were single. According to SSA's statute and regulations, SSA shall avoid penalizing an individual for overpayment if the individual is without fault and if recovery of the overpayment would be against equity and good conscience."

"(W)e urge SSA to issue a blanket waiver for recovery of overpayment for all of these individuals automatically - especially since SSA's inability to update its systems resulted in SSA's continuing to apply Section 3 of the Defense of Marriage Act long after the Supreme Court struck it down as unconstitutional," the letter states.    

The members ask SSA to respond with information about how the agency is identifying affected SSI recipients and its efforts to update its systems so that benefits are administered fairly to all individuals.

Read a PDF copy of the letter here.

In addition to Senators Blumenthal and Murphy, the letter was signed by 37 U.S. Senators, including Senators Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Barbara Boxer (D-Calif.), Sherrod Brown (D-Ohio), Bob Casey (D-Pa.), Maria Cantwell (D-Wash.), Ben Cardin (D-Md.), Chris Coons (D-Del.), Dick Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Al Franken (D-Minn.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Mazie K. Hirono (D-Hawaii), Tim Kaine (D-Va.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Patrick Leahy (D-Vt.), Edward J. Markey (D-Mass.), Bob Menendez (D-N.J.), Jeff Merkley (D-Ore.), Barbara Mikulski (D-Md.), Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Charles E. Schumer (D-N.Y.), Jeanne Shaheen (D-N.H.), Debbie Stabenow (D-Mich.), Tom Udall (D-N.M.),  Mark Warner (D-Va.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).