Similar fault is involved with respect to a determination if a person knowingly:
-
•
Makes an incorrect or incomplete statement that is material to the determination,
or
-
•
Conceals information that is material to the determination.
Unlike fraud, we are not required to prove fraudulent intent to make a finding of
similar fault.
REFERENCES: See GN 04105.005B.4. for a definition of “intent to defraud.” See GN 04020.010 for
a definition of “fraud” and further information on establishing similar fault.
NOTE: As with fraud, the person need not be the claimant, beneficiary or anyone who is
either related to or acting on behalf of the claimant or beneficiary.