When the overpaid person withholds information, gives incorrect information or fails to report a change in relationship, they are at fault for the overpayment.

If SSA makes payment(s) based on an incorrect relationship determination, the person has no reason to know the payment is incorrect and is usually without fault if they furnished complete and correct information.

When Sam Cortland applied for retirement benefits, they also applied for auxiliary benefits for their legally adopted infant grandchild. The grandchild was awarded benefits based on insufficient proof of relationship (i.e., a short form birth certificate). Several years later, it was discovered that the grandchild had never been adopted. Sam was at fault for causing the overpayment and liable to repay even though SSA had never attempted to obtain legal proof of adoption.