Should These Children Receive Social Security Benefits?

After a quick review of the United State Supreme Court’s docket for upcoming oral arguments, a case with a peculiar fact pattern caught my eye.  Astrue v. Capato is set for oral argument in March of 2012, and the fact pattern seems to be something more likely to be seen in a Soap Opera than real life.

Mrs. Capato is the surviving widow whose husband died of cancer.  After being diagnosed with cancer, Mr. Capato had some of his sperm frozen because his doctors advised that treating his condition could result in him becoming sterile.  Mr. Capato subsequently passed away from his medical condition.

After Mr. Capato’s death, Mrs. Capato went through in vitro fertilization and eighteen months following her husband’s death, she gave birth to twins.  Mrs. Capato applied for social security benefits on behalf of her twins.  The Social Security Administration denied the request for benefits and the Third Circuit Court of Appeals reversed.

The U.S. Supreme Court will determine whether or not the children are eligible for Social Security benefits and I expect the decision to be issued sometime during the summer of 2012.

Leave a Reply