I-2-10-12.Evaluating Allegations of Fraud or Similar Fault by the Claimant or Representative

A. Addressing Allegations of Fraud or Similar Fault

If a claimant or appointed representative alleges fraud or similar fault was involved in the providing of evidence, Office of Hearings Operations (OHO) staff and adjudicators will follow the procedures in Hearings, Appeals, and Litigation Law (HALLEX) manual I-1-3-15 and I-2-10 to resolve any fraud or similar fault issues in accordance with Social Security Ruling 22-2p: Titles II and XVI: Evaluation of Claims Involving the Issue of Similar Fault in the Providing of Evidence.

The hearing decision will specifically address the issue of fraud or similar fault raised by the allegation(s) following guidance in HALLEX I-2-10-14.

In all cases, OHO staff and adjudicators will refer a claimant's or representative's allegation(s) of fraud or similar fault consistent with HALLEX I-2-1-33 B.1.

B. Addressing Allegations of Fraud or Similar Fault Based on Information Related to Another Party

If the claimant or representative alleges that supporting information from a non-party's claim(s) file establishes a particular pattern of fraud or similar fault, the adjudicator cannot consider the allegation because the information does not relate to the claimant or a party to the hearing. The adjudicator instead will follow the guidance in HALLEX I-2-1-24 C.3. to address the allegation.