In some instances, the beneficiary will not file a timely protest (beneficiary sends
SSA a letter, fax, or he/she files a formal protest with an SSA office) 35 or more
days (30 days due process period plus 5 mailing days) after the date that SSA sent
an adverse notice to the beneficiary.
Process the protest to the prisoner/NGRI suspension as indicated in below.
FO CR or PC/OCO-ODO CA
a. Protest to Suspension of Benefits
Consider the protest to the suspension of benefits from the beneficiary/representative
payee. Evaluate the rebuttal using the steps in GN 02607.760B.
Process the results of your evaluation per the instructions in GN 02607.760D.1.b. Once a decision on the protest is made, forward to FO technician or PC/OCO-ODO BA
for further processing action.
FO Technician or PC-OCO/ODO BA
b. Decision on the Protest
If the suspension of the benefits is appropriate, send a notice of your decision to
allow the suspend benefits to stand to the beneficiary per GN 03001.025B.4. and give him/her the next level of appeal (reconsideration level) on the notice.
Do not annotate PUPS with any change of information for this post-suspension action
If the suspension of the benefits should not have occurred based on the protest and
the information provided by the beneficiary:
reinstate benefits to the beneficiary effective with the suspension effective date
per GN 02607.870A;
send a written notice to the beneficiary notifying him that we will not suspend his
benefits because of the additional information he provided to SSA to support his claim
for reinstatement of benefits, and,
annotate the PUPS record with REMARKS about the protest of the suspension and the
decision not to suspend the benefits.