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a.
Due process requires that you send the beneficiary a notice of planned action before benefits are adversely affected.
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b.
Benefits are continued if:
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•
An appeal is requested within 10 days of receipt of the notice of planned action;
and
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•
The beneficiary does not waive, in writing his or her right to continuation of benefits. See SI 02301.300 for additional guidance in Title XVI due process cases.
EXCEPTION: Due process notification is not required when the beneficiary's death has been confirmed.