Do not process the report. Prepare and send a Notice of Planned Action (REMINDER: Currently all SVB notices are manual; see VB 05001.000) to the beneficiary (unless legally incompetent) and payee explaining the following:
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the basis for the adverse action;
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how the report adversely affects SVB payments and/or entitlement;
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the individual has 60 days to appeal the action taken,
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SVB will continue (uninterrupted and unchanged based on the event reported) until
a decision is made at the first appeal level if the individual files an appeal within 60 days after receiving the Notice of Planned
Action (Goldberg Kelly due process protection); and
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the adverse report will be processed if no response to the Notice of Planned Action
is received by the close of the 60-day Goldberg Kelly due process period.
NOTE: Due to the variations in foreign mail delivery, presumption of an individual's receipt
of the Notice of Planned Action within 5 days of the date on the notice per SI 02301.300E.5. will NOT always apply in SVB adverse actions. Allow 2 weeks mail time for the delivery of SVB
advance notices PLUS the 60-day Goldberg Kelly due process period before processing
the adverse action unless the notice is handed directly to the individual or the Notice
of Planned Action is mailed to a United States address. If the notice is handed to
the individual or mailed to a United States address, use the time frames in SI 02301.310C.2. and SI 02301.310C.3. for determining when the due process period ends.
Update the Intranet site “Special Veterans Benefits” with the following: (Entries will be needed in both the SUSPENSION and REMARKS fields):
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the effective date of the adverse SVB event;
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the reason for the event;
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the date the Notice of Planned Action is mailed or given to the beneficiary (unless
legally incompetent) and payee; and
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the Goldberg Kelly due process expiration date. (See NOTE: above for determining this
date.)
If an appeal is not filed by the Goldberg Kelly due process expiration date, process
the adverse first-party report.