TN 10 (07-90)

A. Policy

Usually a person cannot be charged with knowledge of how benefit rates are computed. However, when the error results in a payment or payments clearly out of line with what could have reasonably been expected, without fault can be established only if there is clear and convincing evidence.

B. Examples

1. Without Fault

Jane Reynolds alleged 02/15/25 as her date of birth on her application for retirement benefits. We subsequently notified her that we established 2/15/ 27 as her correct date of birth. However, the 02/15/25 date of birth was used in computing her benefit rate. Because Ms. Reynolds could not be expected to know how her benefit rate was computed, she is without fault for the overpayment.

2. At Fault

Mike Lowery has not worked since he began receiving benefits in June, 1982. He received an AERO recomputation effective January, 1987 increasing his MBA by $25. He did not question the change in his check or the statement in the AERO notice regarding additional earnings. Since he accepted payment of an amount he should have known was incorrect, he is at fault for accepting the incorrect payment.