VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification Procedures RRB will take no adverse action regarding individuals identified through the matching process solely based on information that RRB obtains from the match. RRB will contact the beneficiary or annuitant to verify the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. The affected individual will have an opportunity to contest the accuracy of the information provided by SSA. RRB will consider the information SSA provided as accurate if the affected individual does not protest within 30 days after receiving notice of the proposed adverse action. RRB will advise the individual that failure to respond within 30 days will provide a valid basis for RRB to assume that the information SSA provided is correct.
B. Opportunity to Contest Before taking any adverse action based on the information received from the match, RRB will provide all beneficiaries or annuitants for whom RRB decides such adverse action is necessary with the following information:
1. RRB has received information from SSA that indicates that an adverse action affecting the individual’s payment is necessary;
2. The effective date of any proposed annuity adjustment;
3. The individual has 30 days to contest the adverse decision; and
4. Unless the individual responds to contest the proposed adverse action in the required 30-day time period, RRB will conclude that the information provided by SSA is correct, and will make the necessary adjustment to the individual’s payment.
VERIFICATION AND OPPORTUNITY TO CONTEST. The Privacy Act requires that each matching agreement specify procedures for verifying information produced in the matching program and an opportunity to contest findings.
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification of Match Information VHA will take appropriate steps to independently verify all unearned income information received from the IRS by contacting the Veteran to determine the validity and/or applicability of the information obtained through this matching program prior to the termination, denial, suspension or reduction of any benefits.
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification Procedures
1. SSA is responsible for verifying and determining if the data in the DoD/DMDC response file is consistent with the data in SSA SSR/SVB files and for resolving any discrepancies or inconsistencies as to positive identification or data on an individual basis.
2. SSA will screen the initial data to verify that the matched individual is an SSI applicant or recipient, or an SVB beneficiary. SSA will compare the response file with SSR files to verify identity information and will conduct independent inquiries, as appropriate, to resolve questionable identity information or data. If necessary, SSA will contact the individual.
3. SSA will independently investigate and verify any discrepancies or inconsistencies in SSA files based on information furnished by DoD/DMDC, or developed as the result of the match, prior to taking any final adverse action against an individual or representative payee.
B. Opportunity to Contest Before taking any adverse action based on the data received from the match, SSA will provide written notice with specific details to each individual for whom SSA decides possible adverse action may be necessary. SSA will inform the individual, or where appropriate, the individual’s representative payee, that:
1. SSA has received data pertaining to receipt of a military retirement and survivor benefit payments, which indicates that an adverse action may be necessary. SSA will provide a description of the information alleged and a description of the possible adverse action to the individual or representative payee.
2. Unless the individual or representative payee notifies SSA that the data is not accurate within 10 days from the receipt of the notice, SSA will infer that the data provided by DoD/DMDC is accurate and will take steps, as authorized by law, to make or finalize any necessary adjustment to the individual's SSI payment, SVB benefit, or both.
3. The individual or representative payee has 60 days to contest the adverse data. However, if the individual or the representative payee does not contact SSA within 10 days of receiving the notice of adverse action, SSI payment and SVB benefit amounts generally will be affected based on the information. Further appeals of the adverse action will be permitted as described in applicable SSA regulations.
C. Final Authority After verification and notice, as required under 5 U.S.C. § 552a(p), SSA will make determinations as to SSI payments, SVB benefits, specific amounts, and an...
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Consistent with OMB guidance, published at 54 FR 25818, 25827 (June 19, 1989), VBA will combine the independent verification and notice requirements for VBA applicants and beneficiaries into a single step as explained in paragraphs B and C below. VBA expects that compressing these two steps will reduce the overpayments and underpayments created by delays in processing the match. Records of payments reported as being made by any component of the Department of Treasury, including interest on Federal tax refunds, do not require separate verification. While such reports are considered verified upon receipt by VBA, they are return information subject to all of the use and disclosure restrictions provided in IRC 6103, IRS Publication 1075, Tax Information Security Guidelines for Federal, State, and Local Agencies, and this Agreement.
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification Procedures
1. SSA is responsible for verifying and determining if the data in the DoD/DMDC response file is consistent with the data in SSA SSR/SVB files and for resolving any discrepancies or inconsistencies as to positive identification or data on an individual basis.
2. SSA will screen the initial data to verify that the matched individual is an SSI applicant, recipient, deemor, or an SVB beneficiary. SSA will compare the response file with SSR files to verify identity information and will conduct independent inquiries, as appropriate, to resolve questionable identity information or data. If necessary, SSA will contact the individual.
3. SSA will independently investigate and verify any discrepancies or inconsistencies in SSA files based on information furnished by DoD/DMDC, or developed as the result of the match, prior to taking any final adverse action against an applicant, recipient, or beneficiary.
B. Opportunity to Contest Before taking any adverse action based on the data received from the match, SSA will provide written notice with specific details to each individual for whom SSA decides possible adverse action may be necessary. SSA will inform the applicant, recipient, beneficiary, or where appropriate, the individuals representative payee, that:
1. SSA has received data pertaining to receipt of a military retirement or survivor benefit payment, which indicates that an adverse action may be necessary. SSA will provide a description of the information alleged and a description of the possible adverse action to the applicant, recipient or beneficiary.
2. Unless the applicant, recipient, or beneficiary (or representative payee) notifies SSA that the data is not accurate within 10 days from the receipt of the notice, SSA will infer that the data provided by DoD/DMDC is accurate and will take steps, as authorized by law, to make or finalize any necessary adjustment to the applicant, recipient, or beneficiary's SSI payment, SVB benefit, or both.
3. The applicant, recipient, or beneficiary (or representative payee) has 60 days to contest the adverse data. Per 20 CFR 416.1336 (b), if the applicant, recipient, or beneficiary (or the representative payee) does not contact SSA within 10 days of receiving the notice of adverse action, SSI payment and SVB benefit amounts generally will be affected based on the information. Further appeals of the adverse action will be permitted as described in applicable SSA regulations.
C. Final Authority ...
VERIFICATION AND OPPORTUNITY TO CONTEST. Before an agency administering an Insurance Affordability Program may take any adverse action based on the information received from the matches under this Agreement, the individual will be permitted to provide the necessary information or documentation to verify eligibility information. When an agency administering an Insurance Affordability Program determines that an Applicant or an Enrollee is ineligible for an Insurance Affordability Program based on the information provided by the match, and that information is inconsistent with information provided on the streamlined eligibility application or otherwise by an Applicant or Enrollee, the agency administering the Insurance Affordability Program will comply with applicable law and will notify each Applicant or Enrollee of the match findings and provide the following information: (l) the agency received information that indicates the Applicant or Enrollee is ineligible for an Insurance Affordability Program; and (2) the Applicant or Enrollee has a specified number of days from the date of the notice to contest the determination that the Applicant or Enrollee is ineligible for the relevant Insurance Affordability Program.
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification In certain situations, the information provided by OPM is not sufficient to determine if a reduction in SSA benefits is applicable. In these situations, SSA will attempt to contact the disabled worker and OPM. In all cases, no adjustment will occur until SSA has attempted to confirm the information with the disabled worker via the advance notice process described in Article IV.B, below.
B. Opportunity to Contest Before taking any adverse action based on the information received from the match, or through verification with OPM, SSA will provide the disabled worker and each beneficiary for whom SSA decides such adverse action is necessary with a notice containing the following information:
1. The disabled worker will always be advised that SSA has received information from OPM that the worker is receiving a specific PDB which requires a reduction in the worker’s or the worker’s family’s Social Security benefit;
2. The effective date of the proposed Social Security benefit adjustment;
3. The disabled worker has 30 days from the date of the notice to contest the proposed adverse action;
4. SSA will consider failure to respond to the notice as verification that the information received from OPM is correct and will justify the adverse action described in the notice;
5. SSA will advise any affected beneficiary, other than the disabled worker, that SSA has received information from OPM that the disabled worker is receiving a PDB, which requires a reduction in the beneficiary's Social Security benefit;
6. The effective date of the Social Security benefit adjustment; and
7. The beneficiary has 30 days from the date of the notice to contest the adverse action.
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification SSA will take no adverse action regarding individuals identified through the matching process solely based on information that SSA obtains from the match. SSA will attempt to contact the beneficiary to develop the necessary evidence to verify the match results before taking adverse action. SSA will consider the information provided by OPM to be verified if the beneficiary does not respond within 30 days after he or she is notified of the proposed adverse action. The beneficiary will be advised that failure to respond within 30 days will provide a valid basis for concluding that the data provided by OPM are correct. Where the beneficiary fails to respond, SSA will not take any adverse action before 30 days have elapsed from the date of the notice.
B. Opportunity to Contest Before taking any adverse action based on the information received from the match, SSA will provide all the beneficiaries for whom SSA decides such adverse action is necessary with the following information:
1. SSA has received civil service benefit and payment data indicating that the beneficiary is receiving a specific civil service annuity based on his or her own noncovered earnings which, by law, requires a reduction in the Social Security spouse's benefit;
2. The effective date of the Social Security benefit adjustment;
3. The beneficiary has 30 days to contest the adverse decision; and
4. Failure to respond to the notice within 30 days of the date of the notice will be considered verification that the information received from the match is correct and will justify the adverse action described in the notice.
VERIFICATION AND OPPORTUNITY TO CONTEST. The Privacy Act requires that each matching agreement specify procedures for verifying information produced in the matching program and an opportunity to contest findings, as required by 5 U.S.C. § 552a(p).
A. Verification and Opportunity to Contest Procedures. Before an AE may take any adverse action based on the information received from the match, the individual will be permitted to provide the necessary information or documentation to verify eligibility information. When an AE determines that an individual is ineligible for an Insurance Affordability program based on the information provided by the match, and that information is inconsistent with information provided on the streamlined eligibility application or otherwise by an Applicant or Enrollee, the AE will comply with applicable law and will notify each Applicant, or Enrollee of the match findings and provide the following information:
(1) The AE received information that indicates the individual is ineligible for an Insurance Affordability Program; and (2) the Applicant, or Enrollee has a specified number of days from the date of the notice to contest the determination that the Applicant or Enrollee is not eligible for the relevant Insurance Affordability Programs.
