The Mother Of All Survivors Benefits Cases

Law360, New York (June 13, 2012, 12:39 PM EDT) -- In May 2012, the U.S. Supreme Court issued a decision in Astrue v. Capato, ruling that Robert Capato’s posthumously-born twins were not entitled to receive U.S. Social Security survivors benefits as his children. We thought we’d delve a little more deeply into the court’s ruling.

Karen Capato gave birth to twins 18 months after her husband, Robert Capato, died of esophageal cancer. Prior to undergoing treatment, Robert froze some of his sperm in case the chemotherapy rendered him sterile.

Despite aggressive treatment, Robert died in March...
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