United States Third Circuit
Capato v. Comm'r of Soc. Sec., 10-2027
In a widow's application for surviving child's insurance benefits on behalf of her twins based on her husband's earnings record, born eighteenth months after her husband's death from in vitro fertilization using the frozen sperm of her husband, the district court's affirmance of the Social Security Administration's denial of her claim, is affirmed in part, vacated in part and remanded as, under the discrete set of circumstances and the narrow question posed by those circumstances, the undisputed biological children of the deceased wage earner and his widow are "children" within the meaning of Title II of the Social Security Act.
Appellate Information
- Argued 11/15/2010
- Decided 01/04/2011
- Published 01/04/2011
Judges
Court
- United States Third Circuit
Counsel
- For Appellant:
- Bernard A. Kuttner, Kelsi B. Corkran