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ASTRUE v. CAPATO

Docket No.: 11-159
Certiorari Granted: 11/14/11
Argued: March 19, 2012
Decided: 05/21/12

Topics:

Due Process, Natural Resources, Social Security Act

PartyNames: Michael J. Astrue, Commissioner of Social Security v. Karen K. Capato, on Behalf of B. N. C., et al.
Petitioner: Michael J. Astrue, Commissioner of Social Security
Respondent: Karen K. Capato, on Behalf of B. N. C., et al.

Court Below: United States Court of Appeals for the Third Circuit
Citation: 631 F.3d 626

Michael J. Astrue, Commissioner of Social Security
v.
Karen K. Capato, on Behalf of B. N. C., et al.
Question Presented:

Whether a child who was conceived after the death of a biological parent, but who cannot inherit personal property from that biological parent under applicable state intestacy law, is eligible for child survivor benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq.

Question:

Are Karen K. Capato’s twins - conceived by in vitro fertilization after their biological father’s death - “child(ren)” under Title II of the Social Security Act?

ASTRUE v. CAPATO
ORAL ARGUMENT

03/19/12

Listen to Oral Argument in ASTRUE v. CAPATO
Holding: REVERSED AND REMANDED
Opinion By:
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