Astrue v. Capato
The Court Holds That Posthumously Conceived Children Are Not Eligible for Survivor Benefits
Astrue v. Capato was featured in Posthumous Parenthood, Supreme Court Debates (Apr. 2012). The following is excerpted from the summary of the unanimous opinion written by Justice Ginsburg, as prepared by the Court Reporter of Decisions: The Social Security Administration’s [SSA] reading [of survivor benefit eligibility] is better attuned to the statute’s text and its design to benefit primarily those supported by the deceased wage-earner in his or her lifetime. Moreover, even if the SSA’s longstanding interpretation is not the only reasonable one, it is at least a permissible construction entitled to deference under Chevron U.S.A. Inc. v. Natural Resources…
