Mom Wants Death Benefits for Twins Conceived After the Dad's Death

Avatar for cmpat
iVillage Member
Registered: 02-21-2003
Mom Wants Death Benefits for Twins Conceived After the Dad's Death
25
Mon, 01-10-2011 - 1:49pm
This one made me read further, in the article it goes on to say that the case is not unique - "At least four families have sued the Social Security Administration to secure benefits for children conceived after their fathers died.”

Here's the link.. what do you think, should the mom receive SS Benefits? After all, it was her choice..
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Avatar for mommy2amani
iVillage Member
Registered: 03-26-2003

Yes, totally agree.

iVillage Member
Registered: 01-15-2006

i don't know, i'd be curious how these cases play out in court.

 

iVillage Member
Registered: 03-29-2010
You don't "just happen to get pregnant," with IVF. IVF is an intentional and planned procedure. She knew when she implanted the embryos via IVF that daddy was not alive. She *intentionally* became pregnant with this knowledge.
iVillage Member
Registered: 06-16-2010
Yes, this!

Kevali


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iVillage Member
Registered: 03-29-2010
Well first it's worth clarifying that it's not that daddy "wasn't around," it's that daddy was dead. I'm sure that's what you meant, but it's not really the same thing.

Second, yes, if she was already pregnant before he died, yes she should get survivor benefits. It doesn't matter if she became pregnant "the natural way," or used any form of assisted reproductive technology (IUI, IVF, etc), it only matters that she was already pregnant before he died. Why is it different? Because the baby was already conceived, and since nobody (usually) plans to die, benefits should be received. The woman in this case *intentionally* became pregnant after he died. Her fault, her choice, her decision, her dime.
iVillage Member
Registered: 01-15-2006

daddy not alive is what i meant, let's not confuse deceased dad with dead beat dad!

 

iVillage Member
Registered: 11-22-2000

I have a friend whose husband was killed when she was pregnant, and her son receives survivor's benefits.


iVillage Member
Registered: 02-24-2010

The article that was in the original OP said SS benefits could be awarded in some states due to their state laws on wills/probate etc.

“Clearly," said Arthur,"you're an idiot- but you're our kind of idiot. Come on.” 
― Markus ZusakThe Book Thief

iVillage Member
Registered: 01-15-2006

i understand this and i'm sorry for your friend...what i was trying to get to the bottom of is HOW they have determined entitlement in the past and will fight for entitlement with this NJ case.

 

iVillage Member
Registered: 11-22-2000
egd3blessed wrote:

i understand this and i'm sorry for your friend...what i'm trying to get to the bottom of is HOW they have determined entitlement in the past and will fight for entitlement with this NJ case.