Denial of a widow's application for surviving child's insurance benefits
Capato v. Comm'r of Soc. Sec., 10-2027, concerned a widow's application for surviving child's insurance benefits on behalf of her twins based on her husband's earnings record, born eighteenth months after her husband's death from in vitro fertilization using the frozen sperm of her husband.
In vacating the district court's affirmance of the Social Security
Administration's denial of her claim, the court remanded the matter in
concluding that, under the discrete set of circumstances and the narrow
question posed by those circumstances, the undisputed biological
children of the deceased wage earner and his widow are "children" within
the meaning of Title II of the Social Security Act.