I noticed that the question are: marital status on the SS APPLICATION provides a voice for Common Law status. Can a common law spouse apply for Medicare benefits under their spouse and what credentials are required to evidence common law status? Thank you

Hi,

Yes, a legally recognized common-law marriage is treated the same as a traditional marriage for purposes of Social Security benefits and Medicare. Common-law marriage laws vary from state to state, as does the evidence necessary to establish a common-law marriage. I can't outline all of the rules here, but you can find a summary in the following section of Social Security operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075.

The most basic requirement of a common-law marriage is that both parties must agree to the marriage. They must also both be legally allowed to marry, such as meeting the age requirement, and not being married to someone else, etc. Legal documents referring to the couple as husband and wife, such as mortgages, contracts, etc., can be submitted as evidence of a common-law marriage.

Regarding Medicare, though, I should point out that all U.S. citizens and some resident aliens are eligible for Medicare at age 65 regardless of whether or not they or their spouse are insured for Social Security benefits. The only difference that being insured for Social Security, or being married to someone who's insured, makes is that it can allow a person to qualify for Part A of Medicare without paying a monthly premium. People who are uninsured for Social Security, and who aren't married to someone who is insured, must pay a monthly premium for Part A Medicare coverage. All people, regardless of insured status, must pay a monthly premium if they enroll in Part B of Medicare.

Best, Jerry