Verification Procedure and Opportunity to Contest. A. Verification Procedures 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 contact the individual 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 RRB. SSA will consider the information RRB provided as accurate if the affected individual does not protest within the specified timeframe after he or she receives notice of the proposed adverse action. SSA will advise the individual that failure to respond within the specified timeframe will provide a valid basis for SSA to assume that the information RRB provided is correct. B. Opportunity to Contest Before making an unfavorable decision on an Extra Help application or redetermination based on the information received from RRB, SSA agrees to provide a written Pre-Decisional Notice (for initial Extra Help applications) or Notice of Planned Action (for redeterminations) to each individual for whom SSA decides such adverse action may be necessary. The notice will inform the individual of the match findings and provide the following information: 1. SSA received information from RRB pertaining to receipt of an RRB annuity payment, which indicates that an adverse action affecting the individual's eligibility for subsidy assistance will be necessary. 2. The individual has a specified number of days (at least 10 days) from the date of the notice to contest the Pre-Decisional Notice or the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidy. 3. Unless the individual notifies SSA otherwise within the specified time frame, SSA will conclude that the data RRB provided is correct and will make the necessary adjustment to the individual’s Extra Help application. SSA will consider failure to respond to the notice as sufficient justification for taking the adverse action. SSA will permit further appeals of adverse action as described in applicable instructions and regulations.
Appears in 2 contracts
Samples: Computer Matching Agreement, Computer Matching Agreement
Verification Procedure and Opportunity to Contest. A. Verification Procedures 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 contact the individual beneficiary or recipient to verify the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. In RSDI cases where discrepant information is produced by SSA alert development, SSA will verify status through the SAVE Program. When necessary, SSA will request or conduct further development if the SAVE Program response and the removal report generated as part of this match are inconsistent with respect to the NH’s current immigration status or if there is some other indication that the removal report is incorrect or does not apply to the NH. In cases where the SAVE Program response or other information immediately available to SSA is sufficient to establish that suspension of RSDI benefits under the removal provisions is not warranted, benefits will continue without further development. The affected individual will have an opportunity to contest the accuracy of the information provided by RRBDHS. SSA will consider the information RRB provided as accurate if the affected individual does not protest within the specified timeframe after he or she receives 30 days of receiving notice of the proposed adverse action. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation. SSA will advise the individual that failure to respond within the specified timeframe appropriate timeframes will provide a valid basis for SSA to assume that the information RRB DHS provided is correct.
B. Opportunity to Contest Before making an unfavorable decision on an Extra Help application or redetermination taking any adverse action based on the information received from RRBthe match, SSA agrees to will provide a written Pre-Decisional Notice (for initial Extra Help applications) or Notice of Planned Action (for redeterminations) to each individual all individuals for whom SSA decides such adverse action may be necessary. The notice will inform the individual of the match findings and provide is necessary with the following information:
1. SSA has received information from RRB DHS pertaining to receipt of an RRB annuity payment, which the alien’s voluntary absence or deportation/removal from the United States that indicates that an specified adverse action affecting the individual's eligibility for subsidy assistance will be is necessary.
2. SSA will provide the specific information that indicates the necessity for adverse action to the individual receiving Title XVI SSI payments or Title II RSDI benefits and the effective date of any adjustment or overpayment that may result.
3. The individual has a specified number of 30 days (at least 10 days) from the date of the notice to contact SSA and contest the Pre-Decisional Notice or adverse decision. SSI recipients who file an appeal within 10 days of receiving the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidynotice will automatically receive payment continuation.
34. Unless the individual notifies SSA otherwise within the specified time frameperiod specified, SSA will conclude that the data RRB provided by DHS is correct and will make the necessary adjustment to the individual’s Extra Help application. SSA will consider failure to respond to the notice as sufficient justification for taking the adverse action. SSA will permit further appeals of adverse action as described in applicable instructions and regulations's RSDI or SSI benefits.
Appears in 2 contracts
Samples: Computer Matching Agreement, Computer Matching Agreement
Verification Procedure and Opportunity to Contest. A. Verification Procedures 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 contact the individual beneficiary or recipient to verify discrepant information obtained through the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. The In RSDI and SSI cases where discrepant information is produced by the matching process, SSA will verify status through the SAVE program. SSA will request or conduct further investigation if the SAVE program response and the removal report generated as part of this match are inconsistent with respect to the NH’s current immigration status or if there is some other indication that the removal report is incorrect or does not apply to the NH. In cases on which the SAVE program response or other information immediately available to SSA is sufficient to establish that suspension of RSDI or SSI benefits under the removal provisions is not warranted, benefits will continue without further development. In both RSDI and SSI cases, the affected individual will have an opportunity to contest the accuracy of the information provided by RRBDHS. SSA will consider the information RRB provided as accurate if the affected individual does not protest within the specified timeframe after he or she receives 30 days of receiving notice of the proposed adverse action. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation. SSA will advise the individual that failure to respond within the specified timeframe appropriate timeframes will provide a valid basis for SSA to assume that the information RRB DHS provided is correct.
B. Opportunity to Contest Before making an unfavorable decision on an Extra Help application or redetermination taking any adverse action based on the information received from RRBthe match, SSA agrees to will provide a written Pre-Decisional Notice (for initial Extra Help applications) or Notice of Planned Action (for redeterminations) to each individual all individuals for whom SSA decides such adverse action may be necessary. The notice will inform the individual of the match findings and provide is necessary with the following information:
1. SSA has received information from RRB DHS pertaining to receipt of an RRB annuity payment, which the alien’s voluntary absence or removal from the United States that indicates that an specified adverse action affecting the individual's eligibility for subsidy assistance will be is necessary.
2. SSA will provide the specific information that indicates the necessity for adverse action to the individual receiving Title XVI SSI payments or Title II RSDI benefits and the effective date of any adjustment or overpayment that may result.
3. The individual has a specified number of 30 days (at least 10 days) from the date of the notice to contact SSA and contest the Pre-Decisional Notice or adverse decision. SSI recipients who file an appeal within 10 days of receiving the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidynotice will automatically receive payment continuation.
34. Unless the individual notifies SSA otherwise within the specified time frameperiod specified, SSA will conclude that the data RRB provided by DHS is correct and will make the necessary adjustment to the individual’s Extra Help application. SSA will consider failure to respond to the notice as sufficient justification for taking the adverse action. SSA will permit further appeals of adverse action as described in applicable instructions and regulations's RSDI or SSI benefits.
Appears in 1 contract
Samples: Computer Matching Agreement
Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals identified through the matching process solely based on information that SSA obtains from the matchwithout first conducting verification procedures. SSA will also contact the individual beneficiary or recipient to verify discrepant information obtained through the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. The In both RSDI and SSI cases, the affected individual will have an opportunity to contest the accuracy of the information provided by RRB. SSA will consider the information RRB provided DHS as accurate if the affected individual does not protest within the specified timeframe after he or she receives notice of the proposed adverse action. SSA will advise the individual that failure to respond within the specified timeframe will provide a valid basis for SSA to assume that the information RRB provided is correctdescribed below.
B. Opportunity to Contest Before making an unfavorable decision on an Extra Help application or redetermination taking any adverse action based on the information received from RRBthe match, SSA agrees to will provide a written Pre-Decisional Notice (for initial Extra Help applications) or Notice of Planned Action (for redeterminations) to each individual all individuals for whom SSA decides such adverse action may be necessary. The notice will inform the individual of the match findings and provide is necessary with the following information:
1. SSA has received information from RRB DHS pertaining to receipt of an RRB annuity payment, which the noncitizen’s voluntary absence or removal from the United States that indicates that an specified adverse action affecting the individual's eligibility for subsidy assistance will be is necessary.
2. SSA will provide information that indicates the necessity for an adverse action to the individual receiving Title XVI payments or Title II benefits and the effective date of any adjustment or overpayment that may result. • Notice language for absences related to Title XVI.4 • Notice language for absences related to Title II.5 6
3. The individual has a specified number of 60 days (at least 10 days) from the date of the notice to contact SSA and contest the Pre-Decisional Notice or adverse decision. SSI recipients who file an appeal within 10 days of receiving the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidynotice will automatically receive payment continuation.
34. Unless the individual notifies SSA otherwise within the specified time frameperiod specified, SSA will conclude that the data RRB provided by DHS is correct and will make the necessary adjustment to the individual’s Extra Help application's RSDI or SSI benefits. To ensure SSA will consider failure to respond to does not act without verification, the notice agency also has a policy in place for incorrect, missing or questioning removal data even if the individual does not contest.7 The N03 or N23 policy would apply for Title XVI recipients, as sufficient justification for taking Claims Specialists would have a high level of confidence in the adverse action. SSA will permit further appeals of adverse action as described in applicable instructions and regulations.third-party report via this Agreement.8
Appears in 1 contract
Samples: Computer Matching Agreement
Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals SSI recipients identified through the matching process solely based on information that SSA obtains from the obtained through this match. SSA will contact the individual recipient 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 RRBDOL. SSA will consider the information RRB provided that DOL provides as accurate if the affected individual recipient does not protest contest it within the specified timeframe 60 days after he or she they receives notice of the proposed adverse action. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation, unless waived in writing. SSA will advise the individual recipient that failure to respond within the specified timeframe 60 days will provide a valid basis for result in SSA to assume that treating the information RRB DOL provided is correctas accurate.
B. Opportunity to Contest Contest
1. Before making an unfavorable decision on an Extra Help application or redetermination taking any adverse action based on the information received from RRBthe match, SSA agrees will notify the applicant or recipient and provide an opportunity to provide explain the circumstances prior to making a written Pre-Decisional Notice (for initial Extra Help applications) final eligibility determination or Notice adjustment to current benefits.
2. Under applicable SSI regulations, 20 C.F.R. § 416.1336, SSA will notify the applicant or beneficiary, in writing, of Planned Action (for redeterminations) to each individual for whom SSA decides such the proposed adverse action may be necessaryaction. The notice will inform the individual of the match findings and provide contain the following information:
1. (a) that SSA has received information from RRB pertaining to that indicates that the proposed adverse action is necessary;
(b) that the individual has 60 days after receipt of the notice to file an RRB annuity payment, which indicates that an adverse action affecting the individual's eligibility for subsidy assistance will be necessary.
2appeal. The individual has a specified number of days (at least 10 days) from the date , after receipt of the notice to contest appeal the Pre-Decisional Notice proposed adverse action or the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidy.
3. Unless the individual notifies SSA otherwise within the specified time frame, SSA will conclude that the data RRB information provided by DOL is correct and will make the necessary adjustment to the individual’s Extra Help applicationpayment. SSA An individual who files an appeal within 10 days of receiving the notice will consider failure to respond automatically receive payment continuation (no adverse adjustment to the notice as sufficient justification for taking individual’s payment) unless the adverse action. SSA will permit further appeals of adverse action as described individual waives the right to payment continuation in applicable instructions and regulationswriting.
Appears in 1 contract
Samples: Computer Matching Agreement
Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals identified through determine if the matching process solely based data on information that SSA obtains from VA’s file is consistent with the matchdata on SSA’s file. If the data is not consistent, SSA will contact the individual or representative payee to verify confirm the matching results in accordance with data. At least 30 days (the requirements of applicable time period currently established under the Privacy Act SSI and applicable OMB guidelines. The affected individual will have an opportunity to contest the accuracy of SVB programs) before taking any adverse action based on the information provided by RRB. received from the match, SSA will consider the information RRB provided as accurate if the affected provide written notice to each individual does not protest within the specified timeframe after he or she receives notice of the proposed representative payee for whom SSA decides such adverse actionaction is necessary. SSA will advise the individual that failure to respond within the specified timeframe will provide a valid basis for SSA to assume that the information RRB provided is correct.
B. Opportunity to Contest Before making an unfavorable decision on an Extra Help application or redetermination based on the information received from RRBVA, SSA agrees to will provide a written Pre-Decisional Notice (for initial Extra Help applications) to each applicant or Notice of Planned Action (for redeterminations) to each individual for whom beneficiary when SSA decides such adverse action may be is necessary. The written notice will inform the individual of the match findings and provide the following information:
1. SSA has received information from RRB VA pertaining to receipt of an RRB annuity a compensation or pension payment, which indicates that an adverse action affecting the individual's eligibility for SSI, SVB, or subsidy assistance will be eligibility or payments is necessary.
2. In order to prevent an action to suspend or reduce benefits, the individual has 30 days (the applicable time period currently established under the SSI and SVB programs) from the date of the notice to contact SSA to contest the adverse decision and submit evidence, if required, to support a decision that benefits should not be suspended or reduced. Unless the individual notifies SSA otherwise within 30 days from the date of the notice, SSA will conclude that the data VA provides is correct and will make the necessary adjustment to the individual's SSI or SVB payment. SSA will consider failure to respond to the notice sufficient justification for taking the adverse action. SSA will permit further appeals of adverse action as described in applicable SSI and SVB instructions and regulations.
3. The individual has a specified number of days (at least 10 days) from the date of the notice to contact SSA to contest the Pre-Decisional Notice or the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidy.
34. Unless the individual notifies SSA otherwise within the specified time frametimeframe, SSA will conclude that the data RRB provided VA provides is correct and will make the necessary adjustment to the individual’s Extra Help initial application or redetermination application, but only after a minimum of 30 days have passed since the individual received the notice. In other words, SSA will consider failure to respond to the notice as sufficient justification for taking the adverse action, but will only take such action after a minimum of 30 days have passed since the individual received the notice. SSA will permit further appeals of adverse action as described in applicable instructions and regulations.
Appears in 1 contract
Samples: Computer Matching Agreement
Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals identified through determine if the matching process solely based data on information that SSA obtains from VA’s file is consistent with the matchdata on SSA’s file. If the data is not consistent, SSA will contact the individual or representative payee to verify confirm the matching results in accordance with data. At least 30 days (the requirements of applicable time period currently established under the Privacy Act SSI and applicable OMB guidelines. The affected individual will have an opportunity to contest the accuracy of SVB programs) before taking any adverse action based on the information provided by RRB. received from the match, SSA will consider the information RRB provided as accurate if the affected provide written notice to each individual does not protest within the specified timeframe after he or she receives notice of the proposed representative payee for whom SSA decides such adverse actionaction is necessary. SSA will advise the individual that failure to respond within the specified timeframe will provide a valid basis for SSA to assume that the information RRB provided is correct.
B. Opportunity to Contest Before making an unfavorable decision on an Extra Help application or redetermination based on the information received from RRBVA, SSA agrees to will provide a written Pre-Decisional Notice (for initial Extra Help applications) to each applicant or Notice of Planned Action (for redeterminations) to each individual for whom beneficiary when SSA decides such adverse action may be is necessary. The written notice will inform the individual of the match findings and provide the following information:
1. SSA has received information from RRB VA pertaining to receipt of an RRB annuity a compensation or pension payment, which indicates that an adverse action affecting the individual's eligibility for SSI, SVB, or subsidy assistance will be eligibility or payments is necessary.
2. In order to prevent an action to suspend or reduce benefits, the individual has 30 days (the applicable time period currently established under the SSI and SVB programs) from the date of the notice to contact SSA to contest the adverse decision and submit evidence, if required, to support a decision that benefits should not be suspended or reduced. Unless the individual notifies SSA otherwise within 30 days from the date of the notice, SSA will conclude that the data VA provides is correct and will make the necessary adjustment to the individual's SSI or SVB payment. SSA will consider failure to respond to the notice sufficient justification for taking the adverse action. SSA will permit further appeals of adverse action as described in applicable SSI and SVB instructions and regulations.
3. The individual has a specified number of days (at least 10 days) from the date of the notice to contact SSA to contest the Pre-Decisional Notice or the Notice of Planned Action and to submit evidence, if required, to support a decision that SSA should award a full or partial subsidy.
34. Unless the individual notifies SSA otherwise within the specified time frametimeframe, SSA will conclude that the data RRB provided VA provides is correct and will make the necessary adjustment to the individual’s Extra Help application. SSA will consider failure to respond to the notice as sufficient justification for taking the adverse action. SSA will permit further appeals of adverse action as described in applicable instructions and regulations.adjustment
Appears in 1 contract
Samples: Computer Matching Agreement
