Schafer v. Astrue

641 F.3d 49 (4th Cir. 2011)

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Nature of the Case

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Facts

Don and Janice Schafer married in 1992. Don was diagnosed with cancer and informed that the chemotherapy he needed might render him sterile. Don deposited sperm samples with a long-term storage facility. Don died the next year. With the help of in vitro fertilization, however, Janice gave birth to W.M.S. (P), Don Schafer's biological child, a number of years later. Janice Schafer then applied on P's behalf for survivorship benefits under the Social Security Act. An administrative law judge initially awarded P. benefits, but the SSA's Appeals Council reversed. P then sought review of the SSA's decision in federal district court, which upheld the SSA's denial of benefits. P now appeals.