In the rollicking ’80’s, a claimant filed for widow’s social security benefits. She was convicted of second degree manslaughter in the shooting death of her husband. Her application for benefits was denied based on a regulation which states that you cannot become entitled to benefits based on the earnings record of a person whom you have been convicted of a felony for intentionally killing.

On appeal, claimant argued that Kentucky law, under which she was convicted, provides that a person is guilty of second degree manslaughter if they “wantonly” cause a person’s death. Under Kentucky law at the time, a person acted wantonly if they were aware of and consciously disregarded a substantial and unjustifiable risk that death may occur from a particular course of conduct. Claimant argued that this definition was different than “intentionally” killing someone, and that therefore, she was entitled to benefits.

The Court disagreed. Social Security’s position that Kentucky’s definition of “wanton” was consistent with the meaning of “intent” in the applicable federal regulation was neither capricious nor unreasonable. Moreover, it furthered the laudable policy that convicted killers not be allowed to benefit from the death of insured wage earner victims. Application denied.

See Davis v. Secretary of Health and Human Services, 867 F.2d 336 (6th Cir. 1989).

See also Social Security Ruling (SSR) 89-6c.

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.