Congressional Digest

Supreme Court Debates April 2012 No. 4 Vol. 15
Michael J. Astrue, Petitioner

In Vitro Fertilization Controversy

Social Security Benefits and Posthumous Parenthood

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Michael J. Astrue, Petitioner

Donald B. Verrilli, Solicitor General

The Old-Age, Survivors, and Disability Insurance (OASDI) program, commonly called Social Security, was established under President Franklin Roosevelt in 1935 as a means to construct a social safety net for the elderly, the disabled, and the children and spouses of deceased wage-earners. It is funded through payroll withholdings, and beneficiaries receive monthly checks from the U.S. Treasury. Since its inception, Congress has modified the rules of the program, including expanding the definition of who can qualify as a beneficiary and the types of benefits they can receive. In 2003, Karen Capato filed for Social Security survivor benefits for her two…

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