The burden of establishing without fault lies with the overpaid individual. The individual
must request waiver and submit evidence or provide a reasonable explanation as to
why he or she believes that he or she is without fault.
NOTE: A determination that the overpaid individual is liable for repayment of the overpayment
is not a finding that the liable individual is at fault in causing the overpayment.
1. Evidence and/or allegations
We consider all evidence and allegations from the overpaid individual along with our
own records to determine whether to grant a request for waiver from recovery of an
2. The individual’s ability to comprehend and comply with reporting responsibilities
In the determination of whether the overpaid individual is without fault in causing
the overpayment, we consider:
The individual’s ability to understand his or her reporting responsibilities;
Whether the individual believed that the change was significant enough to effect his
or her eligibility or payment amount;
The individual’s attempt(s) to report events that could impact eligibility or payment
Whether the individual received misinformation from an official source.