The recipient must be notified in advance of the adverse action and provided an opportunity
to have SVB continued at the current payment level under the Goldberg/Kelly provisions.
When the advance notification is being sent to a foreign address, allow 2 weeks in addition to the 10-day Goldberg/Kelly due process period before effectuating the adverse action.
Process as follows:
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•
Manually prepare and send a Notice of Planned Action advising the beneficiary of the
adverse action (i.e., how the change in other benefit income affects SVB) including
the rights to appeal and payment continuation under Goldberg/Kelly;
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•
Transmit the revised unearned income amount and the effective date of the change via
MSSICS following the guidelines in MSOM MSSICS 014.001. NOTE: The system will place the individual in N01 status if other benefit income results
in no SVB payable;
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•
Transmit Goldberg/Kelly data via MSSICS per MSOM MSSICSCOMPS 002.002. REMINDER: When determining the adverse action month, allow for the Goldberg/Kelly due process
period (10 days) plus 2 weeks for mailing when the adverse notice is being sent to a foreign address; and
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•
Update the SVB Intranet site to reflect the date the Notice of Planned Action is mailed
(or given) to the beneficiary and/or payee and the Goldberg/Kelly due process expiration
date.
IMPORTANT: If SSA becomes aware post-adjudicatively of an individual's receipt of other benefit
income and the receipt of that income would have adversely affected his/her SVB qualification,
entitlement, or payment amount retrospectively, determine if the prior determination
can be reopened and revised under the rules of administrative finality (see VB 02507.001). Even if reopening is prohibited, a new initial determination to deny or reduce
benefits prospectively may be warranted under the SVB redetermination provisions.