McDermott Co-Counsels Gay Father in Suit Against Social Security Administration
NEW YORK (May 29, 2008) — Lambda Legal announced they have filed suit against the Social Security Administration (SSA) on behalf of Gary Day, a disabled father, whose repeated requests for assistance for his children have been ignored for more than two years. Indications in the government's responses point to anti-gay discrimination.
The McDermott team serving as co-counsel to Lambda Legal on the case is led by New York partner Lisa A. Linsky with assistance from Robin Zimmerly, Todd Solomon, Amy Beard, Amy Gordon and Dan Mullen. Beth Littrell, Staff Attorney, is Lambda Legal's lead attorney on this case, Gary Day v. Social Security Administration.
"The SSA is putting these children at a disadvantage by being unresponsive to Mr. Day's request," said Ms. Linsky. "He and his children meet all the requirements that the agency needs to provide benefits. Delaying a response to their request for assistance for over two years is unwarranted and prejudicial to these children."
"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," said Ms. Littrell. "Either way the SSA's actions are unfair and unacceptable."
In February of 2006, Mr. Day completed the applications for Child Insurance Benefits for his children. He provided birth certificates and court documents that acknowledge him as the legal parent of the children. The SSA acknowledged receipt of the application and promised to provide a response in 45 days. After over a year with no response, Lambda Legal sent a letter on Mr. 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. Mr. Day has provided all the necessary documentation to establish a legitimate parent-child relationship and has fulfilled all of the SSA's prerequisites. The SSA is required to determine whether or not the children are entitled to Child Insurance Benefits as dependents of Mr. Day, but have yet to do so for more than two years.
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