A disabled gay
father from Florida is suing the Social Security
Administration after waiting two years to receive assistance
for his children. Gary Day, represented by Lambda
Legal, claims that the government's unresponsiveness
points to antigay discrimination.
In February 2006,
Day submitted his application for Child Insurance
Benefits, along with birth certificates and court documents
to show that he is the legal parent of the children.
The SSA acknowledged receiving the application, saying
it would respond within 45 days. After not
corresponding for more than a year, Lambda Legal contacted
the SSA on Day's behalf.
The office
replied that there were unspecific "legal questions and
policy issues" preventing Day's eligibility from
being determined.
According to
Lambda Legal, Day provided all the necessary documentation
to establish a legitimate parent-child relationship and had
fulfilled all of the SSA's prerequisites, adding,
however, that the SSA had not fulfilled its
duties by determining whether Day's children are entitled
to Child Insurance Benefits.
"Asking a father
to wait more than two years for the SSA to decide
whether his children are entitled to disability insurance
suggests either a failure on the part of the agency to
do its job or blatant discrimination based on the fact
that these children have two dads," Beth Littrell, a
Lambda Legal staff attorney based in Atlanta, said in a
press release.
"As a parent, it
is my job to provide for my children," Day said in a
Lambda press release. "Unfortunately, the SSA, who is
supposed to help during a time of need, is standing in the
way." (The Advocate)