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In 1999, shortly after Robert and Karen Capato were married in New Jersey, Mr. Capato was diagnosed with esophageal cancer. He was advised that chemotherapy might make him sterile. Hence, before beginning treatment, Mr. Capato deposited semen at the Northwest Center for Infertility & Reproductive Endocrinology so that the couple could conceive a child in the future. Ms. Capatao conceived a child naturally, however, giving birth to a son in August of 2001. The Capatos wanted their son to have a sibling, but Mr. Capato’s health deteriorated quickly, and he died in Florida in March of 2002. Mr. Capato was insured by social security when he died. His will named only his son and two children from a previous marriage as beneficiaries.

Shortly after Mr. Capato’s death, Ms. Capato began treatment for in vitro fertilization using her husband’s frozen semen. She gave birth to twins on September 23, 2003, eighteen months after her husband’s death. In October 2003, Ms. Capato applied for benefits from the Social Security Administration on behalf of her twins.

Section 416(e) of the Social Security Act (“SSA”) defined a “child” as “the child or legally adopted child of an individual”. In addition, the child must be dependent on an insured individual at the time of the qualified individual’s death. Section 416(h) provided an alternate method of determining a child’s qualification, directing the interpreter to look to the intestate property laws of the domiciliary of the insured decedent.

The Social Security Administration denied Ms. Capato's claim, and she requested a hearing in front of administrative law Judge Joel Friedman. Judge Friedman concluded that the twins were not entitled to social security benefits. While noting that granting benefits would be consistent with the purpose of social security, he held that the twins were not Robert Capato’s “child(ren)” for the purposes of the SSA. The district court affirmed, echoing Judge Friedman’s interpretation of “child(ren)”. Judge Dennis Cavanaugh also held that because Robert Capato died while domiciled in Florida, Florida’s law of intestacy applies.

The U.S. Court of Appeals for the Third Circuit held that the twins were clearly children under Section 416(e) of the SSA because they were the biological children of a married couple. She rejected the district court’s argument that Florida state intestacy law should apply before Section 416(e), holding Section 416(h) to be an alternate definition used only when a child’s status is in doubt.