Girl Born from Dead Father’s Sperm Denied SS Benefits

Social Security News – State June 17, 2009

Sacramento – A Los Angeles girl conceived from the frozen sperm of a dead man is ineligible to receive Social Security benefits, the Ninth Circuit Court of Appeals ruled recently.

The appeals court panel held that the girl was not dependent on her father at the time of his death and therefore denied the claim.

Court records showed that Bruce Vernoff died unexpectedly from an allergic reaction in 1995. But before that, his widow, Gaby, had ordered sperm to be extracted from Bruce, which was kept frozen until she was artificially inseminated, became pregnant and gave birth to Brandalyn in 1999.

Subsequently, Gaby applied for child survivor benefits from the Social Security Administration which was rejected. Thereafter, a legal battle ensued.