The Lombardi Law Firm Blog

Does In Vitro Fertilization Make Social Security Benefits The Simplest Investment

Most everyone fears Osama Bin Laden, but in my view what is more destructive to America are Americans that line up asking for a participation trophy. They are the ones asking for something just for showing up. Previously I wrote about a social security case involving an application for death benefits for a child who was conceived by artificial insemination after the father had passed. The child hadn’t ever been dependent on the father because he died almost two years prior to the child being born. The mother using frozen sperm took it upon herself to be artificially inseminated and then following the child’s birth applied for social security death benefits.  That’s bothersome to me and I believe Patti Beeler is way off target with the example she sets.

"It was, in my view, the right decision," said Patti Beeler. "We're the first in Iowa, but we won't be the last. You either deal with it now, or a year or 10 years later when there are more cases."

When did being first to make the wrong decision ever justify the act?

Let’s look at the facts. The Little Miss Sunshine is only 6-years old. Her biological father was 37 when he died on May 4, 2001, almost two years before Little Miss was born; now the living parent is in line to receive his social security benefits, albeit in the child's name. The child was born in April 2003. She was conceived not in the traditional way, but by in vitro fertilization using frozen sperm from the late husband who died from leukemia. The child was never dependent upon the biological father and while alive he never paid for any of the costs to support her. Of course he couldn’t because he was dead almost 2 years before she was born. Fact of the matter is Little Miss Sunshine will never meet her father. But they are now in line to receive a monthly check from the taxpayers for what can only be described as a significant amount.

“The benefit means that more than $150,000 could be tucked away for the college education of Brynn Beeler.”

I suspect most taxpayers will react as I did. Say what? Say that again! Are you kidding me? Where does this end? And what is the example it sets? We taxpayers are forking over how much in social security benefits for the cost of an in vitro procedure? Isn’t this a self-inflicted wound? I read where in vitro can be done for $10,000 to $15,000 and insurance might even cover the costs. Let the head scratching begin. Is in vitro fertilization becoming an investment decision leading the way to a stream of non-taxable income at the expense of the aging taxpayers?

This isn’t the first time I’ve written about this and similar cases. I last wrote about this using TLC's Jon & Kate Plus 8 situation to demonstrate how live men are quickly becoming obsolete. And this decision by the Social Security Administrative Judge just proved my point. You don’t need a living man anymore. You just need his frozen sperm.

Kate plus 8 means no date. | InjuryBoard Des Moines ... The widow then filed for social security death (survivor) benefits; even though she got pregnant knowing the father was already dead and knowing the child ... 101k

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But if you’re a thinking person this isn’t the end of the story; it’s just the beginning, because many women want to have it all. Kind of like Kate plus 8 meant no dates for Jon. Kate had wanted a whole brood and a career; and then the photographers taking pictures of her with the flat stomach and the bikini on the beach, along with the book signings, the production meetings, the photo shoots with People magazine and … oh yeah an accessory husband. We can’t forget about the husband, now can we? What’s his name? Oh yeah Kate, it’s Jon.

Career woman can be worse than men ever acted. And what about that widow seeking benefits from our Social Security Administration fund?

The Smaller Question: Should the widow get the bennies or not?

Answer: Whether in your mind she does or don’t you should know the Social Security Administration said no we still need men. The government says Brynn is not eligible for the benefits, based upon an interpretation of a 150-year-old Iowa law written long before technology was available to allow the preservation of spermatic material beyond a person's life time. The law is a remarkable thing. Just consider for a moment, that this law was written long before science had begun to make men unnecessary. Keep in mind if they can freeze enough sperm they don’t need the rest of us.

Updated Answer: The judge ruled live men aren’t necessary to get the dough.

Girl entitled to dead dad's benefits, judge rules, Des Moines Register, By JASON CLAYWORTH, December 2, 2009.

Now we are back to the larger question that in The View of some is neatly stored frozen and hiding inside some test tube. Like Jon, live men aren’t a necessary accessory anymore. All you need is some frozen sperm from the sperm bank.

Until recently I hadn’t watched The Matrix but perhaps the producers and directors were trying to tell us men something.

THE LARGER QUESTION STILL LOOMS, BUT THIS TIME FOR MEN

So here is the question for the taxpayers but especially for you men out there. Should we just give it and our Social Security benefits away or should we get a return on it? Should we create our own Wall Street style sperm bank where we auction sperm to the highest bidder? We might as well get something now for our investment in earned wages and the building up of Social Security benefits which we will never see a penny of.

Perhaps Jon Gosselin, sitting on the couch looking glum with shoulders slumped down trying to find a life outside of being a reality TV personality is the example of the way we feel about no longer being needed. Dejected is the only word I could think of to describe his appearance. Not so for the incubator. She’s upbeat and still in the sperm dollars. Jon is a symbol of where men in general are heading.

And for all you Jon’s out there, do us all a favor; please assure the taxpayers you didn’t freeze any sperm! If you did my advice to you is to sue to take control of it. Maybe the Attorney Generals can sue in a class[less] action. Can you imagine Kate pregnant again with Jon being the sperm donor? First you’ll be paying child support and then all she has to do is wait for you to die and the taxpayers hand over a monthly check for Kate Plus 16 or 32 or 64 or whatever her Social-Security Lotto Obit Benefits number might be. Do you remember that other woman from out west who was artificially inseminated, had a multiple litter of kids and was said to be collecting social security benefits? Oh our memories are short. Forget about tort reform and get focused on in vitro fertilization reform.  Forget hating lawyers for just a second and get focused on what the IVF docs are doing to the social security fund. The women taking advantage of IVF simply load the gun and the taxpayers get to take the bullet.

AND WHAT ABOUT THE TAXPAYERS?

We taxpayers need to take control of our investment called Social Security before the day they tell us it’s bankrupt and needs another 700 billion dollar bailout. What the heck, if we’re going to hand out sperm lotto tickets we might as well auction off the sperm and get something for it now. How much might women pay for sperm lotto tickets that will cash flow to the tune of $150,000 in 18-years? The present day value has to be a considerably better investment than the return of the stock market. Experience tells me Wall Street will help us package the investment like mortgage backed securities and securitize it. I can see the IPO now, Sperm Tube Unit Donors goes pubic; oops I meant public. The stock symbol will be STUD. Another option is Social-Security Lotto Obituary Benefits, Inc. stock symbol, SLOB.

Kate Plus 8 Still Means No Date – No Kate we men don’t feel sorry for you.

Does she look hurt? Did I miss it? How do guys get in the same category as shoes and handbags? Guys, in my View we’re quickly becoming obsolete… onward we march.

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )

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