If the beneficiary alleges that SSA furnished misinformation, and they provide sufficient
information about their circumstances to enable SSA to make a reasonable decision.
They must provide corroborating evidence, about the circumstances in the case including
(but not limited to):
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•
when and where it occurred,
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•
who gave the alleged misinformation,
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•
what actions they took after receiving it, and
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•
whether they reasonably should have questioned — or accepted — the misinformation
or taken some other action based on their 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 their circumstances, accept “misinformation” as the good cause reason
for not assessing the penalty.