If there is reason to believe that fraud or similar fault was involved in the providing of evidence in the claim, the ALJ's findings will clearly identify any document(s) or evidence that is disregarded because of a finding of fraud or similar fault and explain the basis for the finding in the decision rationale.

If evidence is not being disregarded, the decision rationale must include a statement that the ultimate decision regarding the benefit claim is based on evaluation of all the evidence, including the evidence that was questioned. Unsubstantiated suspicions about the evidence's authenticity or legitimacy should not impact consideration of the evidence.

The ALJ will cite the authority for determining whether evidence is disregarded. The authority for these findings are sections 205(u)(1)(B) and 1631(e)(7)(A)(ii) of the Social Security Act, and Social Security Ruling (SSR) 22-2p: Titles II and XVI: Evaluation of Claims Involving Similar Fault in the Providing of Evidence.

The ALJ decision will state the standard of proof used when adjudicating issues of fraud or similar fault. When considering whether evidence should be disregarded, the adjudicator will use the “reason to believe” standard. “Reason to believe” means reasonable grounds to suspect that fraud or similar fault was involved in the provision of evidence. The reason to believe standard requires more than mere suspicion, speculation, or a hunch, but it does not require a preponderance of evidence. See SSR 22-2p.

In the decisional paragraph, the ALJ will address only the disposition of the claim.