Capato v. Commissioner Social Security
532 F. App'x 251 (2013)
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Rule of Law:
Under the Social Security Act, a posthumously conceived child's eligibility for survivor's benefits is determined by applying the intestacy law of the state where the deceased parent was domiciled at the time of death.
Facts:
- Robert Nicholas Capato ('Nick') was diagnosed with cancer.
- Prior to undergoing chemotherapy, Nick deposited his sperm in a sperm bank.
- Nick and Karen Capato were married.
- Nick resided in Florida for approximately three years before he died from his cancer.
- After Nick's death, Karen Capato used his cryopreserved sperm to conceive through in vitro fertilization.
- Karen Capato subsequently gave birth to twins, who were Nick's biological children.
Procedural Posture:
- Karen Capato filed an application for child's insurance benefits on behalf of her twins with the Social Security Administration, which was denied.
- An Administrative Law Judge (ALJ) upheld the denial.
- Capato sought judicial review in the U.S. District Court, which affirmed the ALJ's decision.
- Capato (appellee) appealed to the U.S. Court of Appeals for the Third Circuit, which vacated the District Court's decision.
- The Commissioner of Social Security (appellant) petitioned for and was granted a writ of certiorari by the U.S. Supreme Court.
- The Supreme Court reversed the Third Circuit's judgment and remanded the case to the Third Circuit for further proceedings.
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Issue:
Under the Social Security Act, are children conceived through in vitro fertilization after their biological father's death eligible to receive survivor's benefits if the intestacy law of the state where the father was domiciled at his death does not recognize them as heirs?
Opinions:
Majority - Chagares, J.
No. The twins are not eligible for benefits because their eligibility is determined by the intestacy law of the state where their father was domiciled at death, which in this case precludes recovery. First, the court must determine the decedent's domicile. The administrative law judge's finding that Nick was domiciled in Florida was supported by substantial evidence, including his physical residence there and his will being written under Florida law. Second, the court must apply the intestacy laws of that state. Florida Statute § 742.17(4) explicitly states that a child conceived after a parent's death is not eligible for a claim against the decedent's estate unless provided for in the will. Because the twins cannot inherit from Nick under Florida's intestacy laws, they do not qualify as 'children' under the Social Security Act and are therefore not entitled to survivor's benefits.
Concurring - Vanaskie, J.
Yes, legally the twins are not entitled to benefits, but this outcome is grossly unfair. The result is correct under the current statutory framework, so I must concur. However, the Social Security Act was written long before posthumous conception was technologically possible, leading to an inequitable result where eligibility for a national benefits program depends on the 'vagaries' of state intestacy law. This creates a situation where some posthumously conceived children receive benefits while others do not, based solely on the geographic location of the deceased parent. Congress should take legislative action to remedy this injustice and create a uniform, national standard for such cases, as it did for out-of-wedlock children in 1965.
Analysis:
This decision reaffirms the Supreme Court's holding in Astrue v. Capato, cementing that state intestacy law, rather than a uniform federal standard, governs eligibility for Social Security survivor's benefits for posthumously conceived children. This creates a 'geographic lottery' where federal benefits hinge on state-specific inheritance rules, which vary widely. The case highlights a significant gap where federal law has failed to keep pace with advancements in reproductive technology, thereby placing pressure on Congress to legislate a more equitable and consistent national policy.
