Evidence must show that the beneficiary did not withhold any material information about work.

Evidence must show that a report was made. See GN 02250.010 if there is no record of the alleged report. Without fault usually cannot be established for months before a report of work activity is made. Without fault can be found for months after a report is filed if the person could reasonably have believed that the reported work was taken into consideration (See GN 02250.042).

When a disabled person reports a return to work, he/she is often notified that a trial work period (TWP) is due and that checks will continue for some time. If an overpayment is later determined for any of the TWP, he/she will usually be without fault for accepting checks in the TWP.

The disabled person may report a return to work that is not SGA. He/she is told that the work is not SGA and will not change his/her benefit. If the person continues to work at the same job and under the same conditions, he/she will usually be without fault in causing any overpayment if the overpayment results from a gradual increase in salary roughly equal to the rate of inflation.