When fraud cannot be established (i.e., there is not a preponderance of evidence showing
both knowledge and intent
to defraud), we can reopen determinations in SVB cases at any time if there is “similar fault.”
02507.010A.6. for a definition of similar fault.)
For reopening under similar fault, we must establish by a preponderance of evidence
that the claimant, beneficiary or other person knowingly did something wrong. However, we do not have
to establish intent to defraud.
NOTE: Similar fault determinations are
made only with regard to reopening initial determinations under
administrative finality provisions. In criminal matters and matters concerning earnings record correction under the statute
of limitations, there is no provision for a finding of similar fault.