SSA logo: link to Social Security Online home1916. What factors does SSA consider in deciding whether a person is without fault?

In deciding whether you are without fault in causing an overpayment, we consider your:

  1. Understanding of the reporting requirements and of the obligation to return payments which are not due;

  2. Knowledge of the occurrence of events which should have been reported;

  3. Efforts and opportunities to comply with the reporting requirements; and

  4. Ability to comply with the reporting requirements i.e., any physical, mental, educational, or linguistic limitations (including having difficulty with the English language).