Abstract

http://ssrn.com/abstract=2031187
 


 



Astrue v. Capato Argument Preview: Who is a Decedent's 'Child'?


Kristine S. Knaplund


Pepperdine University School of Law

2012

SCOTUSblog, March 2012
Pepperdine University Legal Studies Research Paper 2012/14

Abstract:     
In this SCOTUSblog posting, Professor Knaplund provides a preview of the oral arguments in the Supreme Court case of Astrue v. Capato. This case involves the determination of whether a "postmortem conception" child - that is, a child conceived and implanted after a parent's death - is the late parent's child for the purpose of awarding Social Security survivor's benefits. The key question in the case is whether an application for benefits who is the biological or undisputed child of a deceased wage earner must also establish that he is entitled to inherit in intestacy from the decedent under state law.

Number of Pages in PDF File: 3

Keywords: Social Security, benefit, survivor, postmortem conception, deceased, inherit, assisted reproduction, Supreme Court, ART, dependent, federalism, federal law, state law, reproduce, parent, child

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Date posted: March 31, 2012 ; Last revised: September 30, 2012

Suggested Citation

Knaplund, Kristine S., Astrue v. Capato Argument Preview: Who is a Decedent's 'Child'? (2012). SCOTUSblog, March 2012 ; Pepperdine University Legal Studies Research Paper 2012/14. Available at SSRN: http://ssrn.com/abstract=2031187

Contact Information

Kristine S. Knaplund (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
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