Division 5: I-5-4
Subject: Court Cases
This transmittal amends section I-5-4-74 of the Hearings, Appeals, and Litigation Law manual to update our policies and instructions based on the recission of Social Security Rulings (SSRs) 16-1p: Titles II and XVI: Fraud and Similar Fault Redeterminations Under Sections 205(u) and 1631(e)(7) of the Social Security Act and SSR 16-2p: Titles II and XVI: Evaluation of Claims Involving the Issue of Similar Fault in the Providing of Evidence, and the publication of SSR 22-1p: Titles II and XVI: Fraud and Similar Fault Redeterminations Under Sections 205(u) and 1631(e)(7) of the Social Security Act and SSR 22-2p: Titles II and XVI: Evaluation of Claims Involving the Issue of Similar Fault in the Providing of Evidence.
I-5-4-74 – We removed obsolete instructions related to rescinded SSRs 16-1p and 16-2p, and we replaced them with revised instructions consistent with SSRs 22-1p and 22-2p. We also stated that the agency will not demand or collect overpayments on benefits or payments the individual previously received resulting from Conn's fraud scheme under 42 U.S.C. sections 405(u)(3) and 1383(e)(7)(C) based on the Commissioner's decision memorandum dated May 14, 2024. We reorganized instructions to reflect these changes in case processing.
We replaced Attachment 1 with the Office of the Inspector General's (OIG's) referral pursuant to section 1129(l) of the Social Security Act. We moved the Acknowledgment Letter from Attachment 1 to Attachment 5. We replaced Attachment 2 with the plea agreements of Eric C. Conn and now-deceased Administrative Law Judge David Daugherty and the verdict of Alfred Bradley Adkins, Ph.D. We moved the Notice of Hearing from Attachment 2 to Attachment 6. We added an OIG Affidavit as Attachment 3. We also added a Huntington Overpayment Notice under Attachment 4. We moved the Exhibit Letter from Attachment 3 to Attachment 7.
We added references to the Hearings and Appeals Case Processing System, where appropriate. We removed gender-specific language and made other editorial changes throughout the section for clarity.
Date: November 4, 2024