Without fault relates only to the situation of the individual seeking relief from adjustment or recovery of an overpayment. The overpaid individual (and any other individual from whom the Social Security Administration seeks to recover the overpayment) is not relieved of liability and is not without fault solely because the Social Security Administration may have been at fault in making the overpayment. Notwithstanding any other provision of this subpart, we will not determine any overpaid individual to be at fault in causing a qualifying overpayment (see § 416.550(c)(1)) unless we determine that the qualifying overpayment made to an individual or a representative payee during the pandemic period (see § 416.537(c)) was the result of fraud or similar fault or involved misuse of benefits by a representative payee (see § 416.641). In determining whether an individual is without fault, the fault of the overpaid person and the fault of the individual seeking relief under the waiver provision are considered. Whether an individual is without fault depends on all the pertinent circumstances surrounding the overpayment in the particular case. The Social Security Administration considers the individual's understanding of the reporting requirements, the agreement to report events affecting payments, knowledge of the occurrence of events that should have been reported, efforts to comply with the reporting requirements, opportunities to comply with the reporting requirements, understanding of the obligation to return checks which were not due, and ability to comply with the reporting requirements (e.g., age, comprehension, memory, physical and mental condition). In determining whether an individual is without fault based on a consideration of these factors, the Social Security Administration will take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) the individual may have. Although the finding depends on all of the circumstances in the particular case, an individual will be found to have been at fault in connection with an overpayment when an incorrect payment resulted from one of the following:
(a) Failure to furnish information which the individual knew or should have known was material;
(b) An incorrect statement made by the individual which he knew or should have known was incorrect (this includes the individual's furnishing his opinion or conclusion when he was asked for facts), or
(c) The individual did not return a payment which he knew or could have been expected to know was incorrect.
[40 FR 47763, Oct. 10, 1975, as amended at 59 FR 1636, Jan. 12, 1994; 85 FR 52915, Aug. 27, 2020]
Notes of Decisions
Mikki (E.D. Mich. 2026).
“20 C.F.R. § 416.552 . When determining whether an individual is without fault, SSA will consider “all the pertinent circumstances surrounding the overpayment in the particular case,” including: … the individual’s understanding of the reporting requirements, the agreement to…”
Richard Stanford v. Kilolo Kijakazi (9th Cir. 2022).
“Commissioner of 2 Substantial evidence supports the administrative law judge’s finding that Stanford failed to return SSI payments that he knew were incorrect, and he therefore was ineligible for a waiver of the overpayments because he was not without fault.”
Christofferson v. Comm'r of Soc. Sec. (E.D. Pa. 2021).
· cites it 2× “20 C.F.R. § 416.552 . An individual is determined to be at fault when the overpayment results from: (1) an incorrect statement made by the individual which he knew or should have known to be incorrect; or (b) failure to furnish information which he knew or should have known to…”
Vidal v. Comm'r of Soc. Sec. (S.D.N.Y. 2021).
“1983); see also 20 C.F.R. § 416.552 . Fault may be found if the recipient: (1) makes a statement which he knows or should have known to be incorrect; (2) fails to furnish information which he knows or should have known to be material; or (3) accepts a payment which he knew or…”
Clarence Jackson v. Andrew Saul (7th Cir. 2020).
“See 20 C.F.R. § 416.552 . And because he does not otherwise challenge the fact of the overpayment, he is liable to repay it.”
Clarence Jackson v. Andrew Saul (7th Cir. 2020).
“See 20 C.F.R. § 416.552 . And because he does not otherwise challenge the fact of the overpayment, he is liable to repay it.”
Sladkov v. Berryhill (N.D. Cal. 2020).
“” 20 C.F.R. § 416.552 . In 20 short, the “fault determination requires a reasonable person to be viewed in the claimant’s own 21 circumstances and with whatever mental and physical limitations the claimant might have.”
Johns v. Soc. Sec. Admin. (D.N.D. 2019).
· cites it 5× “Even though the Social Security Administration may have been at fault in making the overpayment, the regulation that controls this issue does not relieve the claimant from liability for repayment if he was not without fault in accepting the overpayment (20 CFR 416.552). The…”
Wanda Hoon v. Nancy A. Berryhill, Acting Comm'r, Soc. Sec. Admin., 2019 DNH 045 (D.N.H. 2019).
“20 C.F.R. § 416.552 . A claimant is at fault if she did not provide information which she knew or should have known was material, if she provided an incorrect statement when she knew or should have known that it was incorrect, or if she did not return a payment that she knew was…”
Carlos Kosloff v. Comm'r of Soc. Sec., 581 F. App'x 811 (11th Cir. 2014).
“” 20 C.F.R. § 416.552 (a). Here, the funds in Kosloffs financial institution accounts were properly counted as resources.”
Robert Chatman v. Michael Astrue, 484 F. App'x 179 (9th Cir. 2012).
“20 C.F.R. § 416.552 . The over *181 paid individual bears the burden of proving he was without fault.”
Price v. Comm Soc. Sec., 129 F. App'x 699 (3rd Cir. 2005).
“See 20 C.F.R. § 416.552 (a). Therefore, having concluded the appeal presents no substantial question, we will summarily affirm the District Court’s order.”
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