Astrue v. Capato ex rel. B.N.C.

• Decision Date: 21 May 2012
• Docket Number: No. 11–159.,11–159.
• Citation: 566 U.S. 541,132 S.Ct. 2021,182 L.Ed.2d 887
• Parties: Michael J. ASTRUE, Commissioner of Social Security, Petitioner v. Karen K. CAPATO, on behalf of B.N.C., et al.
• Court: U.S. Supreme Court

566 U.S. 541

132 S.Ct. 2021

182 L.Ed.2d 887

Michael J. ASTRUE, Commissioner of Social Security, Petitioner

v.Karen K. CAPATO, on behalf of B.N.C., et al.

No. 11–159.

Supreme Court of the United States

Argued March 19, 2012.

Decided May 21, 2012.

Eric D. Miller, San Francisco, CA, for Petitioner.

Charles A. Rothfeld, Washington, DC, for Respondents.

Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Petitioner.

Bernard A. Kuttner, Millburn, NJ, Jeffrey A. Meyer, Yale Law School, Supreme Court Clinic, New Haven, CT, Charles A. Rothfeld, Counsel of Record, Andrew J. Pincus, Michael B. Kimberly, Paul W. Hughes, Mayer Brown LLP, Washington, DC, for Respondents.

David F. Black, General Counsel, Social Security Administration, Baltimore, MD, Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Eric D. Miller, Assistant to the Solicitor General, Michael S. Raab, Kelsi Brown Corkran, Attorneys, Department of Justice, Washington, DC, for Petitioner.

Justice GINSBURG delivered the opinion of the Court.

Karen and Robert Capato married in 1999. Robert died of cancer less than three years later. With the help of in vitro fertilization, Karen gave birth to twins 18 months after her husband's death. Karen's application for Social Security survivors benefits for the twins, which the Social Security Administration (SSA) denied, prompted this litigation. The technology that made the twins' conception and birth possible, it is safe to say, was not contemplated by Congress when the relevant provisions of the Social Security Act (Act) originated (1939) or were amended to read as they now do (1965).

Karen Capato, respondent here, relies on the Act's initial definition of "child" in 42 U.S.C. § 416(e) : " ‘[C]hild’ means ... the child or legally adopted child of an [insured] individual." Robert was an insured individual, and the twins, it is uncontested, are the biological children of Karen and Robert. That satisfies the Act's terms, and no further inquiry is in order, Karen maintains. The SSA, however, identifies subsequent provisions, § 416(h)(2) and (h)(3)(C), as critical, and reads them to entitle biological children to benefits only if they qualify for inheritance from the decedent under state intestacy law, or satisfy one of the statutory alternatives to that requirement.

We conclude that the SSA's reading 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. And even if the SSA's longstanding interpretation is not the only reasonable one, it is at least a permissible construction that garners the Court's respect under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).

I

Karen Capato married Robert Capato in May 1999. Shortly thereafter, Robert was diagnosed with esophageal cancer and was told that the chemotherapy he required might render him sterile. Because the couple wanted children, Robert, before undergoing chemotherapy, deposited his semen in a sperm bank, where it was frozen and stored. Despite Robert's aggressive treatment regime, Karen conceived naturally and gave birth to a son in August 2001. The Capatos, however, wanted their son to have a sibling.

Robert's health deteriorated in late 2001, and he died in Florida, where he and Karen then resided, in March 2002. His will, executed in Florida, named as beneficiaries the son born of his marriage to Karen and two children from a previous marriage. The will made no provision for children conceived after Robert's death, although the Capatos had told their lawyer they wanted future offspring to be placed on a par with existing children. Shortly after Robert's death, Karen began in vitro fertilization using her husband's frozen sperm. She conceived in January 2003 and gave birth to twins in September 2003, 18 months after Robert's death.

Karen Capato claimed survivors insurance benefits on behalf of the twins. The SSA denied her application, and the U.S. District Court for the District of New Jersey affirmed the agency's decision. See App. to Pet. for Cert. 33a (decision of the Administrative Law Judge); id., at 15a (District Court opinion). In accord with the SSA's construction of the statute, the District Court determined that the twins would qualify for benefits only if, as § 416(h)(2)(A) specifies, they could inherit from the deceased wage earner under state intestacy law. Robert Capato died domiciled in Florida, the court found. Under that State's law, the court noted, a child born posthumously may inherit through intestate succession only if conceived during the decedent's lifetime. Id., at 27a–28a.¹

The Court of Appeals for the Third Circuit reversed. Under § 416(e), the appellate court concluded, "the undisputed biological children of a deceased wage earner and his widow" qualify for survivors benefits without regard to state intestacy law. 631 F.3d 626, 631 (2011).² Courts of Appeals have divided on the statutory interpretation question this case presents. Compare ibid . and Gillett–Netting v. Barnhart, 371 F.3d 593, 596–597 (C.A.9 2004) (biological but posthumously conceived child of insured wage earner and his widow qualifies for benefits), with Beeler v. Astrue, 651 F.3d 954, 960–964 (C.A.8 2011), and Schafer v. Astrue, 641 F.3d 49, 54–63 (C.A.4 2011) (post-humously conceived child's qualification for benefits depends on intestacy law of State in which wage earner was domiciled). To resolve the conflict, we granted the Commissioner's petition for a writ of certiorari. 565 U.S. ––––, 132 S.Ct. 576, 181 L.Ed.2d 419 (2011).

II

Congress amended the Social Security Act in 1939 to provide a monthly benefit for designated surviving family members of a deceased insured wage earner. "Child's insurance benefits" are among the Act's family-protective measures. 53 Stat. 1364, as amended, 42 U.S.C. § 402(d). An applicant qualifies for such benefits if she meets the Act's definition of "child," is unmarried, is below specified age limits (18 or 19) or is under a disability which began prior to age 22, and was dependent on the insured at the time of the insured's death. § 402(d)(1).³

To resolve this case, we must decide whether the Capato twins rank as "child [ren]" under the Act's definitional provisions. Section 402(d) provides that "[e]very child (as defined in section 416(e) of this title)" of a deceased insured individual "shall be entitled to a child's insurance benefit." Section 416(e), in turn, states: "The term ‘child’ means (1) the child or legally adopted child of an individual, (2) a stepchild [under certain circumstances], and (3) ... the grandchild or stepgrandchild of an individual or his spouse [who meets certain conditions]."

The word "child," we note, appears twice in § 416(e)'s opening sentence: initially in the prefatory phrase, "[t]he term ‘child’ means ...," and, immediately thereafter, in subsection (e)(1) ("child or legally adopted child"), delineating the first of three beneficiary categories. Unlike § 416(e)(2) and (3), which specify the circumstances under which stepchildren and grandchildren qualify for benefits, § 416(e)(1) lacks any elaboration. Compare § 416(e)(1) (referring simply to "the child ... of an individual") with, e.g., § 416(e)(2) (applicant must have been a stepchild for at least nine months before the insured individual's death).

A subsequent definitional provision further addresses the term "child." Under the heading "Determination of family status," § 416(h)(2)(A) provides: "In determining whether an applicant is the child or parent of [an] insured individual for purposes of this subchapter, the Commissioner of Social Security shall apply [the intestacy law of the insured individual's domiciliary State]."⁴

An applicant for child benefits who does not meet § 416(h)(2)(A)'s intestacy-law criterion may nonetheless qualify for benefits under one of several other criteria the Act prescribes. First, an applicant who "is a son or daughter" of an insured individual, but is not determined to be a "child" under the intestacy-law provision, nevertheless ranks as a "child" if the insured and the other parent went through a marriage ceremony that would have been valid but for certain legal impediments. § 416(h)(2)(B). Further, an applicant is deemed a "child" if, before death, the insured acknowledged in writing that the applicant is his or her son or daughter, or if the insured had been decreed by a court to be the father or mother of the applicant, or had been ordered to pay child support. § 416(h)(3)(C)(i). In addition, an applicant may gain "child" status upon proof that the insured individual was the applicant's parent and "was living with or contributing to the support of the applicant" when the insured individual died. § 416(h)(3) (C)(ii).⁵

The SSA has interpreted these provisions in regulations adopted through notice-and-comment rulemaking. The regulations state that an applicant may be entitled to benefits "as a natural child, legally adopted child, stepchild, grandchild, stepgrandchild, or equitably adopted child." 20 CFR § 404.354. Defining "[w]ho is the insured's natural child," § 404.355, the regulations closely track 42 U.S.C. § 416(h)(2) and (h)(3). They state that an applicant may qualify for insurance benefits as a "natural child" by meeting any of four conditions: (1) the applicant "could inherit the insured's personal property as his or her natural child under State inheritance laws"; (2) the applicant is "the insured's natural child and [his or her parents] went through a ceremony which would have resulted in a valid marriage between them except for a legal impediment"; (3) before death, the insured acknowledged in writing his or her parentage of the applicant, was decreed by a court to be the applicant's parent, or was ordered by a court to...