I-2-2-101.Sample Language When Fraud or Similar Fault Is At Issue

Last Update: 8/15/05 (Transmittal I-2-61)

The following language should be included in the issues section of the notice of hearing.

I will also consider the issue of whether evidence in your case should be disregarded on the basis that fraud or similar fault was involved in providing the evidence. [Section 205(u)] [Section 1631(e)(7)] [Sections 205(u) and 1631(e)(7)] of the Act, as amended, require[s] that evidence in a claim for benefits be disregarded if there is reason to believe that fraud or similar fault was involved in providing that evidence. I plan to consider whether there was “similar fault” in your case. I will decide that “similar fault” was involved only if there is reason to believe, based on a preponderance of the evidence, that false or incomplete information that could influence my decision on your claim for benefits has been knowingly provided.

The ALJ should also include in the notice of hearing personalized language to specify the particular evidence that is in question regarding possible fraud or similar fault. In addition, if the issue of fraud or similar fault to be considered is a new issue or an issue that has previously been decided in the claimant's favor, the ALJ should advise the claimant of that fact.