Under section 1129A of the Social Security Act, an individual may be subject to a penalty if the individual makes false or misleading statements, or withholds information. The penalty for these actions is nonpayment of benefits that would otherwise be payable to the individual under title II, and ineligibility for benefits under title XVI. See 20 CFR 404.459 and 416.1340.

Administrative sanctions are imposed by the local Social Security field office. Administrative sanction actions are before an ALJ only when an individual has filed a request for hearing based on the individual's disagreement with the determination on the issue. When considering an administrative sanction action, the ALJ is evaluating:

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  Whether the individual has committed an abuse that supports the imposition of an administrative sanction; and

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  If so, whether the appropriate penalty was applied under 20 CFR 404.459 and 416.1340.

For more information about administrative sanction cases, see Program Operations Manual System GN 02604.000.

When evaluating an administrative sanction case under 20 CFR 404.459(e) and 416.1340(e), the ALJ will determine whether a preponderance of the evidence establishes that the individual:

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  knowingly (knew or should have known or acted with knowing disregard for the truth) made a false or misleading statement, or omitted or failed to report a material fact; and

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  knew, or should have known, that the omission or failure to disclose was misleading.

The decision must be based on the evidence and the reasonable inferences that can be drawn from the evidence, not on speculation or suspicion. The ALJ must also consider any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) that the individual may have had at the time. In determining whether the individual acted “knowingly,” the ALJ will consider the significance of the false or misleading statement or omission or failure to disclose in terms of its likely impact on benefits.