If the beneficiary alleges that SSA furnished misinformation, and he or she provides
sufficient information about his or her circumstances to enable SSA to make a reasonable
decision. He or she must provide corroborating evidence, about the circumstances in
the case including (but not limited to):
when and where it occurred,
who gave the alleged misinformation,
what actions he or she took after receiving it, and
whether he or she reasonably should have questioned — or accepted — the misinformation
or taken some other action based on his or her abilities.
It is not necessary to contact the alleged source of the misinformation for verification
(such as other Field Offices (FO), Teleservice Centers (TSCs), and Processing Centers
(PCs)) except in very unusual circumstances.
If you believe the beneficiary has met the burden of proof by providing reasonable
evidence of his or her circumstances, accept “misinformation” as the good cause reason
for not assessing the penalty.