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Kid Born 2 Years After Dad Dies Gets His SS
She wasn’t born until two years after her father died, but a little girl has officially won the rights to his Social Security benefits.
Patti Beeler used her late husband’s sperm to conceive daughter Brynn two years after he died of leukemia at age thirty-seven. When she tried to apply for Social Security benefits the first time, the feds said no.
But Beeler took it higher, and six years later she’s gotten the OK from a judge. Brynn Beeler, now six, is legally her father’s heir according to a federal judge in Iowa. The Des Moines Register says the decision will stand as a precedent in not only Iowa but other states within the eight circuit unless the Social Security Administration appeals (and wins).
This is a tough call. Legally Brynn is her father’s daughter and he died through no fault of his own. It’s horrible to lose a spouse so young, horrible to die before you can have children. On the other hand, it is of Patti Beeler’s own choosing that she underwent IVF without a living spouse to help support their child.
According to the Social Security Administration’s own survivor benefits description, “The loss of the family wage earner can be devastating, both emotionally and financially. Social Security helps by providing income for the families of workers who die.”
But Brynn Beeler’s father was already dead. There was no extra family wage earner when she was born, no expectation there would be one. We argue that OctoMom does not deserve benefits when she went through IVF of her own volition without another adult to help her cover the burden. Should the same hold for Patti Beeler? Or does she get a bye simply because her sperm donor happens to have once been her husband?
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19 Comments
PlumbLucky commented on Dec 03 09 at 10:54 amBad case on which to base a precedent, I guess. What would we say if he’d been killed in a car accident while she’d been pregnant, and SS declared that since the father was born prior to the birth, the child received nothing? I think that would be a better case, and would help draw the lines a little bit better.
Bluster commented on Dec 03 09 at 11:15 amSo, we ought to let the little girl starve to death because she had the audacity to be born?? You certainly are waving the banner of a true conservative. Let her starve. Let her starve. Let her starve.
jenny tries too hard commented on Dec 03 09 at 11:21 amreally, if social security had been privatized under Bush’s plan, there wouldn’t have even been a controversy here—the money would’ve been Dad’s, period, and his widow would’ve inherited it without question.
But, hey, the government knows how to spend Mr. Beeler’s money better than he does right?
Jenn commented on Dec 03 09 at 11:21 amI don’t see how Octomom and this case are the same regarding benefits. Octomom had no father; she wasn’t having the child out of love for someone, she just wanted more children.
Perhaps part of Beeler’s reasoning for having a child was that her daughter would be entitled to the benefits of her father. I’m assuming that Beeler’s husband was aware that his wife hoped to conceive their child one day and that this wasn’t an easy decision for either of these people.
What happens to his benefits if he has no heir? Do they merely go back into a pot? Personally, I believe the courts made the right decision. Unfortunately I also think it will open the door to all sorts of unscrupulous activity and individuals that will find a way to take advantage of it.
Whatever the outcome, I hope that Ms. Beeler and her daughter find peace and love and can honor the memory of the man taken so young.
jenny tries too hard commented on Dec 03 09 at 11:29 amReally this kind of thing bothers me quite a bit. My oldest brother worked from the time he was fifteen, paid into social security the whole time, and died a young, single man with no children. Where does the money he paid into social security go? OH, right, the government tossed it down a wormhole. If the money was for T’s benefit he should’ve been able to leave it where he felt it would do the most good. He might’ve invested it and had a little dividend to leave to his favorite charity, or he might’ve left it to my parents who buried him, or to the organization at his college which funds a scholarship in his name.
In this case, it shouldn’t be up to the government to decide whether Mrs. Beeler deserves the money her husband earned, whether she spent it on IVF or not. THAT is the real conservative position.
Bec commented on Dec 03 09 at 11:43 amSo she wouldn’t get social security benefits just for being his widow, she has to be the mother of his child to get them? I don’t really understand the American social services policies, so just from the basics, I’d say that was a poor decision from the courts. She knew her husband was dead when she was impregnated, as you point out.
@ Bluster – if her mother is in such a terrible position that her child faces starvation, why in the heck did she decide to get IVF and go it alone? No one is saying that the child should be left to starve; however maybe the government (read: YOU) shouldn’t be paying for “the loss of a family wage earner” who didn’t actually earn wages for the family while he was alive.
Amanda commented on Dec 03 09 at 11:53 amIf this woman could afford IVF, I doubt the child would starve, Bluster.
Hannah Tennant-Moore commented on Dec 03 09 at 11:56 amBluster, IVF costs an average of $35,000 per delivery in younger women, and over $100,000 in women over 40. I don’t think this little girl was going to starve without social security benefits. On the other hand, as PlumbLucky pointed out, had the father of a poor family died while his wife was pregnant, that little girl really would have needed the benefits.
jenny tries too hard commented on Dec 03 09 at 12:02 pmBec, widows and widowers get a one-time death benefit under $300, which is probably less than a thirty-year-old paid into SS in a freaking MONTH. The widow/widower then gets nada till he or she turns 55. Oh, and that’s if he or she isn’t remarried.
I’m usually against expanding entitlements, especially for people who knowingly make expensive choices they can’t afford. This, though, is not an entitlement. If Mr. Beeler didn’t work and pay into social security, there wouldn’t be any money for Mrs. Beeler to fight the government over at all. Mrs. Beeler isn’t asking for food stamps or welfare; she’s not asking for any money but that which the government already took out of every single paycheck Mr. Beeler EARNED in his lifetime. He DID earn wages for his family, which at the time only consisted of himself and his wife, and the government took a portion of those wages under the guise of “putting it away” for Mr. Beeler’s retirement and/or any widows and orphans he left behind.
Trey commented on Dec 03 09 at 1:26 pmTaking a snippet from “Jenny Tries Too Hard”…he was not alive to conceive such a child. The child was conceived posthumously. Thus, I think that this was his widow’s choice to conceive knowing if she could/could not care for the child.
alison commented on Dec 03 09 at 1:32 pmI am not sure it is quite so clear that if Social Security were privatized this wouldn’t be a problem. If there had been other heirs, they may have had a problem with money being paid to a child who was not conceived at the time of death.
I think this is a horrible case on which to set a precedent. I don’t mean to be cruel, but is every child conceived by a sperm donor entitled to that donor’s social security benefits in the event of the sperm donor’s death? The man was dead for two years before his daughter was conceived. The family he left behind consisted of his wife. What would have happened to those child support benefits if she had failed to conceive a child via IVF? Should every man bank his sperm to insure that those SS benefits get paid out to someone genetically related to them (because heaven forbid that the money go back in the pot for other people)?
jenny tries too hard commented on Dec 03 09 at 1:58 pmalison, who else would stand to inherit but Mrs. Beeler? With privatized social security, the money Mr. Beeler paid in would’ve gone to her, and she could’ve then used it to support Brynn—Brynn wouldn’t inherit directly from her father, because, of course she wasn’t concieved when he wrote his estate was dealt with. She would inherit indirectly, with her dad’s money going to her mom, and her mom using it to concieve, support, and save for her.
Also, if Social Security is meant to be a “pot” to be divided up by the government, then the government should call it a tax. But they don’t. They insist that this is a savings plan; that’s why if you never had taxable income, your survivors are not entitled to any SS money.
The bottom line is that Mr.Beeler (and his employer) earned money, and paid into what the government touts as a lockbox, a savings plan for his retirement and his widow, and then decided his widow didn’t deserve the full amount Mr. Beeler paid (and the matching funds his employer paid) because she’s under 55 and hadn’t had Mr.Beeler’s baby, yet. I deal with people hoodwinked by SS every darn day in my job and it stinks. Sad thing is, the Beelers were apparently people of some means, if they were able to bank Mr. Beeler’s sperm and go ahead with the IVF while the people I usually see hurt by this program are low-income people who would’ve put the money scalped from the loved one’s paychecks to good use. Instead, some nice man who dies at 50 with grown kids and a 45-year-old wife often has no idea that all SS will deem his widow of “deserving” is the piddly $300 that barely pays me to help them pick a casket, no matter how much he has paid in. Oh, and when I try to sell these folks pre-needs plans for funeral arrangements, I’m not even allowed to mention how little the SS death benefit is because that’s “predatory”.
Social Security is an outright scam and another case of the government thinking that the people are too stupid to save and spend their own money.
Bec commented on Dec 03 09 at 2:26 pmjenny, you said “and then decided his widow didn’t deserve the full amount Mr. Beeler paid (and the matching funds his employer paid) because she’s under 55 and hadn’t had Mr.Beeler’s baby”
But that’s the policy, right? No baby = $300. It wasn’t a decision to just deny this one childless widow… it’s all of the childless widows. So giving her the money was an exception to the rule, which invites hundreds of others to try and get the same exception.
jenny tries too hard commented on Dec 03 09 at 2:34 pmIt’s the wrong decision for all childless widows and widowers.
Did the court follow the law as it stands? That’s gray. Is the law as it stands fair and reasonable? Absolutely not. He probably paid $300 a month into a “lockbox” for his own benefit his entire working life. Do you really think it’s fair that the gov can tell her “here’s a tiny fraction of the money we forced your husband to ‘save’, have a nice day”? I sure don’t.
Geoff commented on Dec 03 09 at 3:54 pmHe paid into SS during his working life. The benefits are his to use. As his wife is next of kin, if she wants them to go to his duaghter, so be it.
Spartic commented on Dec 03 09 at 6:02 pmI cannot think of a more appropriate name for Jenny. Overreaching in the extreme.
Mistress_Scorpio commented on Dec 03 09 at 8:30 pmTo some extent, I agree with Jenny. The person who earned the wages should have the say, and if not them, their next of kin.
Kathy FlorCruz commented on Dec 14 09 at 5:31 pmThe two cases are NOT at all the same in comparison. Octomom was on SS DISABILITY collecting payment for an injury she claims was at work. How the hell she duped SS into continuing to pay her while she was so disabled as to not be able to work, but yet could haul her ass down to have fertility treatments for who knows how long, whilst caring for the brood she already had & then carring 8 more…well, is not only ridiculous, it speaks to just HOW badly cases are determined & monitored. I am happy one judge had the sense to grant Jenny her father’s earned benefit. AND- I hope Octo was made to PAY BACK all the money she ripped off SS, while so many wait YEARS for benefits while REALLY disabled.
Kathy FlorCruz commented on Dec 14 09 at 5:32 pmI meant Brynn’s benefits, not Jenny.
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