GN 03001: Due Process Requirements for Processing First/Third Party Reports-Title II
BASIC (05-03)
A. Policy
Immediate action to suspend, adjust, or terminate benefits may be taken based on a first party report if there is no indication the report is inaccurate and the action is taken no later than 6 months after the month of the report. If a beneficiary/claimant has a representative payee and the beneficiary is reporting an event, the report should be confirmed with the representative payee.
NOTE: For title XVI policy on first/third party reports, follow SI 02301.010 and SI 02301.300.
B. Procedure
1. Notice Requirements
Send a written final notice after the adverse action is taken. See GN 03001.015B.
NOTE: Manual notices should be completed using DPS (Document Processing System) and sent to ORS (Online Retrieval System) to ensure that a record of the notice is available and that due process requirements have been met.
2. Report By a Child Under Age 15
Verify the report with the representative payee if the child is not his/her own payee, and if the report affects other benefits on the record.
3. Beneficiary Questions Effect And/Or Validity Of Report
Explain the basis for and effect of the adverse action.
If the report is correct, take the appropriate adverse action and issue a written final notice.
Advise the beneficiary that he/she may formally appeal the action after the final notice is received.
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