M was convicted of involuntary man slaughter in State X for the stabbing death of her husband, W. Social Security laws provided that a person who is convicted by a court of the felonious homicide of another is not entitled to social security benefits based on the deceased individual’s earnings record.

In determining what constitutes felonious homicide, state law applies. In State X, a felony was defined as a crime punishable by death or confinement in a state penitentiary. Under the law of State X at the time, involuntary man slaughter was punishable by confinement in a county jail for a period not to exceed one year, or by a fine not to exceed $1,000. Thus, it was a misdemeanor.

Held: M was entitled to benefits based on W’s earnings record.

See Social Security Ruling (SSR) 60-6.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.