TN 16 (09-11)

GN 00304.065 Classification of Homicide

A. Exclusions for classification of homicide

Exclude the following cases from intentional homicide:

  • homicides which are the result of an accident;

  • homicides where the killing is the result of self defense; or

  • homicides when the claimant was insane, or under the influence of drugs or alcohol (to the extent that he or she was unaware of the nature and consequences of the act) when he or she killed the number holder.

B. List of offenses and rules for intent

Conviction

Rule of Intent

First degree murder

intent conclusively presumed.

Second degree murder

intent presumed, but may be rebutted.

Third degree murder

lack of intent presumed, but may be rebutted.

Involuntary manslaughter

  • lack of intent presumed, but may be rebutted.

  • generally regarded as unintentional slaying and thus does not bar entitlement to benefits, the lump sum death payment, or payment of an underpayment.

Voluntary manslaughter

  • no presumption, facts relative to the slaying must be developed.

  • decision depends on the laws of the State in which the charge is preferred.

NOTE: If State law does not distinguish between voluntary and involuntary manslaughter, follow the steps for voluntary manslaughter.

NOTE: There is no special development required to seek evidence that rebuts a presumption. However, if a record or information (e.g., a precedent case, or opinion) is available, that shows one of the stated presumptions is erroneous in a particular jurisdiction, we disregard the presumption.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200304065
GN 00304.065 - Classification of Homicide - 09/22/2011
Batch run: 09/22/2011
Rev:09/22/2011