LexisNexis® Legal Newsroom
Fourth Circuit Splits from Ninth and Third Circuits in Refusing to Award Social Security Surviving Child Benefits to Posthumously Conceived Child

Last week, the Fourth Circuit refused to define a posthumously conceived child, whose parentage was undisputed, as a "child" for the sake of surviving child benefits. Instead, the court looked to state intestacy laws to determine benefits entitlement. Don Schafer, a Virginia resident, deposited...