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

Background

Karen and Robert Capato married in 1999. Robert died in 2002 after freezing his sperm before chemotherapy. Using that sperm, Karen conceived twins by in vitro fertilization and gave birth in 2003, 18 months after Robert’s death. Karen applied for Social Security survivors benefits for the twins; the Social Security Administration denied the claim and the dispute moved through federal courts.

Reasoning

The Court examined the Social Security Act’s definitions for who counts as a “child.” It found that a related provision tells the agency to look to the insured person’s state inheritance (intestacy) law to decide child status, and that the agency followed that approach in its regulations. The Court said the agency’s interpretation is reasonable and entitled to deference under governing doctrine for agency rules. Because of that deference, the Court reversed the Third Circuit and held that eligibility for survivors benefits for children conceived after a wage earner’s death depends on state inheritance rules and the statutory exceptions the Act provides.

Real world impact

The ruling means whether a posthumously conceived child can get federal survivors benefits turns on the state law where the wage earner was domiciled and on whether the family fits statutory exceptions. The Court sent the case back for further proceedings to apply the appropriate state inheritance rules and statutory tests to the twins’ claim. This is not a universal grant of benefits for all children conceived after a parent’s death; it directs lower proceedings to apply state law and the agency’s long-standing rules.