Monday, March 26, 2012

Should Children Concieved After Death Get Social Security Survivors Benefits

There is a raging controversy as to whether a child concieved after the death of their father should get social security survivor benefits. This is a different benefit from social security disability. When a parent dies with enough covered quarters the child under 18 is generally entitled to a survivor's benefit.

But what about children that are conceived after the death of the father. This can come about when artificial insemination is done from the father's sperm. If the child was conceived before the parent's death there is no issue. But when the child was not in the mother's womb before death there is a big issue that that the United States Supreme Court has heard.  Follow this link to the transcript of the oral arguement in the Unuted States Supreme Court on survivor's benefits .

Despite a lot of legal jargon a member of the Linkedin social security group felt it came down to this arguement:

" It seems apparent to me that the key is that the kids  were conceived after the death of the husband. I don't think the Supremes are going to set that precedent. It's a completely different situation than one where the wife is pregnant when the husband dies since in that situation, she is expecting that the husband's income will be used to support the kids. When you conceive after the husband is already dead, you know going into it that the husband cannot support the kids as he is not alive. The whole point of survivor benefits is to make up for the parent's income that was supporting the children."    

Certainly a very interesting topic and there are more than 100 cases pending before Social Secuity Administration right now. As a Cincinnati social security lawyer I work mostly in the area of disability benefits which focuses on the claimant's inability to work. Did you know that a widow can get benefits on her deceased husband's earnings if she becomes disabled between age 50-60. This is a different scenario all together than survivor's benefits.

So comment here and tell me what you think or if you are unable to work for one for one year iIwould be happy to help you seek Social security disability benefits in Cincinnati .

Anthony Castelli Attorney
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