“Eighteen months after her husband, Robert Capato, died of
cancer, respondent Karen Capato gave birth to twins conceived through invitro
fertilization using her husband’s frozen sperm. Karen applied for Social
Security survivors benefits for the twins. The Social Security Administration
(SSA) denied her application, and the District Court affirmed. In accord with
the SSA’s construction of the Social Security Act (Act), the court determined
that the twins would qualify for benefits only if, as 42 U. S. C. §416(h)(2)(A)
specifies, they could inherit from the deceased wage earner under state
intestacy law. The court then found that Robert was domiciled in Florida at his
death, and that under Florida law, posthumously conceived children do not
qualify for inheritance through intestate succession. The Third Circuit
reversed. It concluded that, under §416(e), which defines child to mean, inter
alia, “the child or legally adopted child of an [insured] individual,” the
undisputed biological children of an insured and his widow qualify for
survivors benefits without regard to state intestacy law.”
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