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Astrue v. Capato

United States Supreme Court

132 S. Ct. 2021 (2012)

Relevant factsFree

After Robert Capato's death, his widow Karen (plaintiff) conceived twins via in vitro fertilization using his preserved sperm; Florida intestacy law barred posthumously conceived children from inheriting absent a specific will provision, which Robert's will lacked, and the SSA (defendant) denied survivors benefits on that basis, while the Third Circuit held state intestacy law was irrelevant for biological, legitimate children.

IssueFree

Whether a legitimate, biological child is entitled to survivors insurance benefits under the Social Security Act regardless of whether the child could inherit from the decedent under state intestacy law.

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