VB 01503.805 Processing Reports of Change In Other Benefit Income
A. Procedure — processing the report
1. FSP, FO
Follow VB 01501.010D.1. Evidence of the revised other benefit income (as addressed in VB 00205.110B) is required if a decrease in other benefit income is reported, but is not required when an increase is reported (unless there is some reason to question the validity of the report). Fax and then mail all materials to the CPS having SVB jurisdiction.
2. CPS processing
Determine if the revised amount of other benefit income affects monthly SVB payable. (See VB 001503.810 if other benefit income is paid in foreign currency and/or made on other than a monthly basis.)
a. SVB payable is not changed
No further action is necessary
b. SVB payable is increased
Input the revised unearned income amount and the effective date of the change via MSSICS following the guidelines in MSOM MSSICS 014.001. (The system will figure the revised SVB payable based on the MSSICS input.); and
Send a notice to the SVB recipient explaining the increase in monthly SVB payable.
c. SVB payable is reduced
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:
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;
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;
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
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.
B. Procedure — appeal filed before expiration of Goldberg/Kelly time limits (or good cause exists for late filing)
1. FSP or FO
Fax (and then mail) the appeals request along with any other related material to the CPS having SVB jurisdiction.
Input the appeal to the SSR along with the applicable Goldberg/Kelly fields to continue SVB payments at the protected payment level (PPL) until a decision is rendered at the first level of appeal unless the recipient specifically requests (in writing and at his/her own initiative) waiver of Goldberg/Kelly payment continuation at the PPL. (REMINDER: An A-OTP may also be needed to pay past benefits due based on the PPL);
Update the SVB Intranet site with the appeals data (SVB Appeals Page); and
Process the appeal per VB 02502.010.