Redetermination Under 405[u] for “Fraud or Similar Fault” – NOSSCR 2026 Fall National Conference – Track II (Presented by National Organization of Social Security Claimants’ Representatives)

No Complicity Required: Redetermination Can Reach Any Claimant

The statute's reach is the shock. Under 42 U.S.C. §405(u), enacted in 1994, claimants can be subjected to draconian "redetermination" proceedings regardless of their own complicity in any alleged "fraud or similar fault." The claimant's innocence is not a defense to the proceeding itself.

The history shows how the statute gets used. Since enactment, SSA has targeted large numbers of claimants — in Puerto Rico, in New York, and, beginning 16 years ago, in Kentucky. A representative whose region hasn't seen a wave has no assurance it won't; the statute that reached those claimants reaches everywhere.

This talk covers what a representative facing one of these proceedings needs: the rules governing redetermination under §405(u), and the current litigation testing those proceedings — where the challenges stand and what they may change.

Eligible for up to 1 CLE Credit Hour

This session was originally submitted for CLE as a live, in-person presentation and a live webcast for the 2026 Fall National Conference and may be eligible for self-study credit. Each state handles self-study credit differently; for questions, please consult your State Bar Association.

Recorded Friday, October 16, 2026.

Key topics to be discussed:

• The 405(u) Statute
  Redetermination under 42 U.S.C. §405(u), enacted in 1994.
• "Fraud or Similar Fault"
  The standard that triggers redetermination — and its reach.
• Complicity Not Required
  Why claimants face these proceedings regardless of their own complicity in any alleged fraud.
• The Targeting History
  SSA's pursuit of large numbers of claimants in Puerto Rico, New York, and — for 16 years now — Kentucky.
• Rules of the Proceedings
  The rules governing redetermination proceedings.
• Current Litigation
  The litigation now challenging these proceedings.

This course is co-sponsored with myLawCLE.

Date / Time: October 16, 2026

• 10:30 am – 11:30 am Eastern
• 9:30 am – 10:30 am Central
• 8:30 am – 9:30 am Mountain
• 7:30 am – 8:30 am Pacific

Closed-captioning available