Astrue v. Capato Ex Rel. B. N. C.

Rule of Law:

To qualify as a "child" eligible for Social Security survivors benefits under 42 U.S.C. § 416(e), a biological child conceived after the parent's death must be able to inherit from the deceased parent under the relevant state's intestacy laws, as specified in 42 U.S.C. § 416(h)(2)(A). A biological relationship alone is insufficient to confer "child" status for the purposes of the Act.

Facts:

• Karen and Robert Capato married in May 1999.
• Shortly after their marriage, Robert was diagnosed with esophageal cancer.
• Before undergoing chemotherapy that could cause sterility, Robert deposited his semen in a sperm bank for cryopreservation.
• Robert died in Florida in March 2002.
• Robert's will named his living children as beneficiaries but made no provision for children conceived after his death.
• In January 2003, Karen Capato conceived through in vitro fertilization using her late husband's frozen sperm.
• Karen gave birth to twins in September 2003, approximately 18 months after Robert's death.

Procedural Posture:

• Karen Capato applied to the Social Security Administration (SSA) for survivors insurance benefits on behalf of her twins.
• The SSA denied her application.
• An Administrative Law Judge and the U.S. District Court for the District of New Jersey affirmed the SSA's decision.
• Capato, as appellant, appealed to the U.S. Court of Appeals for the Third Circuit.
• The Third Circuit, with the SSA as appellee, reversed the district court, holding that the twins qualified for benefits as biological children without regard to state intestacy law.
• The Commissioner of Social Security, as petitioner, was granted a writ of certiorari by the U.S. Supreme Court to resolve a conflict among the Courts of Appeals.