From MacNeil v. Berryhill (CA2) decided on August 24, 2017:
... Sharon MacNeil (“MacNeil”) brought suit ... challenging a decision by the Commissioner of the Social Security Administration that her children—twins conceived via in vitro fertilization eleven years after her husband died—were ineligible for survivors’ insurance benefits. The United States District Court for the Northern District of New York (Sharpe, J.) affirmed the agency’s decision, concluding that under the applicable provisions of New York’s Estates, Powers and Trusts Law (“EPTL”) the children were not entitled to inherit under New York state intestacy law, and so were not children of the deceased wage earner within the meaning of the relevant Social Security Act provisions. We agree and accordingly AFFIRM the district court’s judgment. ...
