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Astrue v. Capato

Docket No.11-159
Op. Below3d Cir.
ArgumentMar 19, 2012

Holding

The Social Security Administration interprets the Social Security Act to allow children conceived after their father"s death to qualify for Social Security survivors benefits only if they could inherit from their father under state intestacy law. That reading, the Court held, is better attuned to the statute"s text and its design to benefit primarily those supported by the deceased wage earner in his or her lifetime. Moreover, even if the SSA"s longstanding interpretation is not the only reasonable one, it is at least a permissible construction entitled to deference under Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.

Judgment

Reversed and remanded, 9-0, in an opinion by Ruth Bader Ginsburg on May 21, 2012.

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