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I disagree. She brought the child into this world well after her husband died. It was her decision to have a child she couldn't support. Why would the taxpayers be on the hook? How about when she has 10 of her dead husbands children? Do we support all of them as well? I believe we should support the children of officers killed in the line of duty but NOT those conceived after the officer has died.
Why do you assume she brought a child into the world she couldn't support.
What she is applying for is social security supplemental income or survivors benefits which is an automatic assistance for children and sometimes spouses when a parent/spouse dies. It amounts to 75% of what that parent would be able to draw in SS benefits. If Officer Ramos (the other slain officer) had children they were automatically eligible to receive SSI upon his death regardless of their mothers income.
The Luis' were married 3 months prior to his death, so no real time within the marriage to have children. The NY inheritance law limits the amount of time for birth for which a child can receive the benefit to being born within 33 months of death. The article stated Ms. Lui met the requirement of 33 months, but not the other 2 requirements, a signed consent (hard to do dead) with 2 witnesses and court filing. If she did have 10 children from his frozen sperm those children would not be eligible.
Why do you assume she brought a child into the world she couldn't support.
What she is applying for is social security supplemental income or survivors benefits which is an automatic assistance for children and sometimes spouses when a parent/spouse dies. It amounts to 75% of what that parent would be able to draw in SS benefits. If Officer Ramos (the other slain officer) had children they were automatically eligible to receive SSI upon his death regardless of their mothers income.
The Luis' were married 3 months prior to his death, so no real time within the marriage to have children. The NY inheritance law limits the amount of time for birth for which a child can receive the benefit to being born within 33 months of death. The article stated Ms. Lui met the requirement of 33 months, but not the other 2 requirements, a signed consent (hard to do dead) with 2 witnesses and court filing. If she did have 10 children from his frozen sperm those children would not be eligible.
The 33 month thing seems a bit absurd no? Unless they did something like this (frozen sperm) it wouldn't even be their child 33 months later, there would be a new biological father. Then you have the fraud, which this clearly was an attempt at. What if the husband didn't want kids? It's ok for the wife to say, "good he's dead, let's go get some of his sperm so I can collect survivor benefits for the kid he didn't even want"? I would think this wouldn't be allowed due to the ability to defraud SS.
The 33 month thing seems a bit absurd no? Unless they did something like this (frozen sperm) it wouldn't even be their child 33 months later, there would be a new biological father. Then you have the fraud, which this clearly was an attempt at. What if the husband didn't want kids? It's ok for the wife to say, "good he's dead, let's go get some of his sperm so I can collect survivor benefits for the kid he didn't even want"? I would think this wouldn't be allowed due to the ability to defraud SS.
DNA test would stop any fraud of that kind. This is not a situation where fraud was intended or this woman was out to defraud SS. I believe she just wanted a child, her husbands child. Thats a lot of crap to go through, collecting, freezing sperm, artificial insemination, pregnancy and single motherhood to get a measly SSI check, ~800/month.
I have no idea about the 33 month thing. I assume it is because new technology and couples freezing sperm and embryos for later use becoming more common. IDK.
The reason she was denied is because she didnt have the consent forms. I think this is a rare situation though and deserves more consideration. The couple was only married 3 months. Only she knows if they planned to have children. He died suddenly and tragically and the sperm was taken upon his death so no way to get the consent. (How was the sperm taken without his consent?). I would assume generally a consent form for fertilization or implantation would be signed by the father at the time of harvest.
Her husband was killed in the line of duty as a police officer....
She IMO should get the benefits.
She wasn’t pregnant when he died. There is no reason why the tax payers should be on the hook for this. However....feel free to write her a check out of your account if you feel so strongly about it
DNA test would stop any fraud of that kind. This is not a situation where fraud was intended or this woman was out to defraud SS. I believe she just wanted a child, her husbands child. Thats a lot of crap to go through, collecting, freezing sperm, artificial insemination, pregnancy and single motherhood to get a measly SSI check, ~800/month.
I have no idea about the 33 month thing. I assume it is because new technology and couples freezing sperm and embryos for later use becoming more common. IDK.
The reason she was denied is because she didnt have the consent forms. I think this is a rare situation though and deserves more consideration. The couple was only married 3 months. Only she knows if they planned to have children. He died suddenly and tragically and the sperm was taken upon his death so no way to get the consent. (How was the sperm taken without his consent?). I would assume generally a consent form for fertilization or implantation would be signed by the father at the time of harvest.
I don't see anyone alive freezing their own sperm though for later use by their spouse. Just have the kid. I definitely see the need for a consent, she basically stole his sperm without his permission. I'm surprised they let her do it without it to be honest. If someone wants to have this ability in a situation like this there needs to be a living will and the consent given in there. If she wasn't after the benefits she wouldn't have went after them like she did. I guarantee you it was one of her priorities. I'm not saying she did the entire thing for money but she did it thinking she would also get the benefits. She looked at as a win win for her. What's going to be telling is how hard she fights the denial.
EDIT to add:
Why did she wait 3 years? It looks a lot like she didn't want to be pregnant while she spent up the life insurance money and lived high on the hog, now that it's probably wiped out she pulled this stunt. I wouldn't doubt that for one second.
I don't see anyone alive freezing their own sperm though for later use by their spouse. Just have the kid and 33 months after death there's a good chance there would be no DNA to test against in a lot of cases. I definitely see the need for a consent, she basically stole his sperm without his permission. I'm surprised they let her do it without it to be honest. If someone wants to have this ability in a situation like this there needs to be a living will and the consent given in there. If she wasn't after the benefits she wouldn't have went after them like she did. I guarantee you it was one of her priorities. I'm not saying she did the entire thing for money but she did it thinking she would also get the benefits. She looked at as a win win for her. What's going to be telling is how hard she fights the denial.
EDIT to add:
Why did she wait 3 years? It looks a lot like she didn't want to be pregnant while she spent up the life insurance money and lived high on the hog, now that it's probably wiped out she pulled this stunt. I wouldn't doubt that for one second.
You are not aware of the growing industry of freezing sperm and embryos for later use? Why else would the law allow 33 months for conception? Google it.
Often there is DNA stored on file if a person ever had surgery or medical procedures. I really doubt this is a big scam operation fleecing SSI through artificial insemination with frozen sperm..
Well we dont know if there was a verbal agreement or if they had planned on having children. I really doubt her husband would have objected. I would be surprised medical staff did the extraction without his consent which leads me to believe he gave it verbally before his death.
Come on, we have no idea how much life insurance she got, how much the funeral expense was, how much debt they had. How much do you carry?
She lost her husband to a murder unexpectedly. IDK why she waited. Maybe was grieving, maybe had doubts, maybe wanted to wait until she was in a better position. SSI payments are not going to let her live the life of luxury. When my husband passed (suicide) we had two small children. I was working, always have, it was the funeral director who counseled me to apply for SSI. For two kids I got less than 300/month. This was 1984. It paid the rent. I still had to work to support the kids. I worked and got my BS so I could provide a better life for them. It would have been much easier to have a partner or have no kids at all.
She wasn’t pregnant when he died. There is no reason why the tax payers should be on the hook for this. However....feel free to write her a check out of your account if you feel so strongly about it
The inheritance laws that affect SSI eligibility allow for conception up to 33 months after the death of a spouse.
I always wonder why children can receive disability. Its not like they would have a job so why should the tax payers pay them because they are disabled to work when children dont work anyway.
I have no problem if someone wants to use my sperm should I die before 40. However, I would want to make sure that I sign the legal papers to do so. In addition, I would sanctions to be already in place should said person obtain my seed illegally and/or use it for something illegal.
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those children would not be eligible.
