Astrue v. Capato

In 1999, Karen Capato's husband, Robert Capato, was diagnosed with esophageal cancer. Out of fear that he would become sterile due to the chemotherapy, Robert started to deposit sperm in a sperm bank in 2001. He began to recover and discovered that he was not left infertile by the cancer treatments. This led to the Capatos conceiving a son. They were conceived after Robert's death using the sperm deposited in the sperm bank via in vitro fertilization. This was according to the Capatos' plan, so their son could have siblings. She applied for Social Security Survivors Benefits based on her husband's earnings during his lifetime. Her claim was rejected by the Social Security Administration (SSA). ==Litigation history==

The administrative Judge for the Social Security Administration ruled that the place of death of Robert Capato was Florida. Under Florida law children can not inherit from a parent if they were conceived after that parent's death. ==Before the Court==

Are children conceived by in vitro fertilization after their biological father's death protected under Title II of the Social Security Act? ==Decision==

In a unanimous 9–0 decision, Justice Ginsburg wrote the majority decision for the Supreme Court in favor of Astrue, stated that the children conceived after the death of their father were not entitled to Social Security benefits. == See also ==