20 C.F.R. § 404.305

When you may not be entitled to benefits

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In addition to the situations described in § 404.304 when you may not receive a benefit payment, there are special circumstances when you may not be entitled to benefits. These circumstances are—

(a) Waiver of benefits. If you have waived benefits and been granted a tax exemption on religious grounds as described in §§ 404.1039 and 404.1075, no one may become entitled to any benefits or payments on your earnings record and you may not be entitled to benefits on anyone else's earnings record; and

(b) Person's death caused by an intentional act. You may not become entitled to or continue to receive any survivor's benefits or payments on the earnings record of any person, or receive any underpayment due a person, if you were convicted of a felony or an act in the nature of a felony of intentionally causing that person's death. If you were subject to the juvenile justice system, you may not become entitled to or continue to receive survivor's benefits or payments on the earnings record of any person, or receive any underpayment due a person, if you were found by a court of competent jurisdiction to have intentionally caused that person's death by committing an act which, if committed by an adult, would have been considered a felony or an act in the nature of a felony.

[44 FR 34481, June 15, 1979, as amended at 47 FR 42098, Sept. 24, 1982; 52 FR 19136, May 21, 1987, 52 FR 21410, June 5, 1987; 58 FR 64888, Dec. 10, 1993]

Notes of Decisions

Cited in 2 cases, 1989–2020 · leading case: Ella M. DAVIS, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 867 F.2d 336 (6th Cir. 1989).

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Ella M. DAVIS, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 867 F.2d 336 (6th Cir. 1989). · cites it 10× “The Secretary denied Davis’ application because he concluded her claim was governed by 20 C.F.R. § 404.305 (b) (1987), which precludes the payment of survivor’s benefits on the earnings record of an insured deceased if the survivor has been “convicted of a felony or an act in…”

Patricia Shue v. Comm'r of Soc. Sec. (11th Cir. 2020). “” In applying these facts to the relevant law, the ALJ first noted that 20 C.F.R. § 404.305 (b) was not limited to “specific intent” felony convictions and explained that under the Manual’s guidance, “intentional” meant having “a wish or expectancy that an act will have a…”

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