Twins conceived after father’s death ineligible for survivor benefits

05/21/2012 // West Palm Beach, Florida, US // justicenews // Justice News Flash // (press release)

Washington – A recent Supreme Court ruling determined twins conceived after the death of their biological father should not receive survivor benefits. As reported by the Associated Press (AP) the High Court ruled that the children born to the wife of Robert Capato via artificial insemination do not meet the criteria to receive Social Security benefits as survivors of their deceased father due to inheritance law requirements of the state of Robert Capato’s residency at the time of his death.

As noted in the report, the court agreed that a decision to reject Karen Capato’s application by the Social Security Administration was warranted due to inheritance laws that stipulate the children had to have been conceived prior to their father’s death, or be named in a will if conceived posthumously in order to qualify for survivor benefits.

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