Conceive after death, then claim SSA death benefits for kids???

Discussion in 'Financial, Disability and Legal Resources' started by TwoCatDoctors, Apr 4, 2012.

  1. TwoCatDoctors

    TwoCatDoctors New Member

    This is an interesting case.

    Sperm was collected from the ill husband and after the husband's death, the wife had in vitro fertilization with the sperm. After the two children were born 18 months later by in vitro fertilization and the husband had been long dead--the wife immediately went to the Social Security Administration and claimed the husband's SSA death benefits for both children. WOW!!!!

    So far the wife has been denied and the case has been in various courts, but the case isn't over yet. Here's the web site about it.

    http://www.cnn.com/2012/03/19/us/scotus-posthumous-conception/index.html?iref=obnetwork
  2. MicheleK

    MicheleK Moderator

    Wow! That is a very interesting subject! Just another complication I guess from people doing things that the laws never even "conceived" of. (play on words intended. lol)

    What do you think about it?
  3. TwoCatDoctors

    TwoCatDoctors New Member

    No doubt this will go up through the courts. I was looking through the SSA materials and the $255 burial payment includes langugae that it is payble to the widow or child if they are eligible AT THE TIME OF DEATH. I could not find any such language by SSA about necessary qualifications for child beneficiaries of survivors benefits to make them eligible AT THE TIME OF DEATH (such as the child must already be born or be implanted in vitro for birth AT THE TIME OF THE DEATH and that the child must be born within X months).

    Expect this to be hard fought by SSA not to pay benefits as it would set an expensive precedent, and expect SSA to rewrite their survivors benefits as it pertains to children.

    [This Message was Edited on 05/09/2012]