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Should Children of 'Posthumous Conception' Get Benefits? (newsy-allvideos)
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**(Image Source: The Los Angeles Times)**
**BY BREANA JONES**
**ANCHOR CHRISTINA HARTMAN**
A Florida man dies. His wife freezes his sperm and eighteen months later has a
set of twins. Now those kids want Social Security benefits but Social Security
says no. Then a federal appeals court said yes. Now it's up to the Supreme
Court. It's Astrue V. Capato, and opening arguments were heard on Monday. CNN
has details.
**"The justices clearly appeared at odds over how to treat this relatively new
category of offspring, and whether they should be in the same category as
stepchildren or adopted children when deciding survivor benefits."
**
Karen Capato wants Social Security benefits for her twins, because they are
biologically her husband's. But the Supreme Court says the question here is
not whether the twins are Mr. Capato's but whether they were his dependents.
Fox News explains.
**"****The children were not alive at the time of dad's death … If the kids
are not alive the government argues they cannot be deemed dependent per the
statute."**
NPR has another way to look at it, saying the government is arguing...
**"...posthumously conceived children fall outside the class of children
entitled to survivors benefits ...
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