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)
Ann J. Atkinson, Esq., has represented claimants in Social Security disability claims since 1986, and is currently a solo practitioner in Parker, Colorado.
1 hour CLE
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Program Summary
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
Speakers
Ann J. Atkinson, Esq., Solo Practitioner | Ann J. Atkinson, Attorney at Law
Ann J. Atkinson, Esq., has represented claimants in Social Security disability claims since 1986, and is currently a solo practitioner in Parker, Colorado.
- Education & Credentials
She holds a Bachelor of Science degree in Speech (Communication) from Northwestern University, and a Juris Doctor degree from the University of Denver College of Law.
- Recognition & Leadership
She was selected as one of Denver’s Top Lawyers by 5280 Magazine for 2015, 2016, and 2017.
- Professional Involvement
She is a past representative from the Tenth Circuit on NOSSCR’s Board of Directors, and also served on the Board of Directors for NOSSCR PAC.
Agenda
SESSION 1 – Redetermination under 405(u) for “fraud or similar fault” | 10:30am – 11:30am
Claimants can be subjected to draconian “redetermination” proceedings under 42 U.S.C. §405(u) regardless of their own complicity in any alleged “fraud or similar fault.” Since this statute was enacted in 1994, SSA has targeted large numbers of claimants in Puerto Rico, New York, and, beginning 16 years ago, Kentucky. This talk will cover the rules governing these proceedings and current litigation.
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