NOTE: GK Benefit Continuation applies only to non-disability determinations
which result in a reduction, suspension, or termination of SSI benefits.
The advance notice explains that the individual has 60 days after receiving the notice
to file for a reconsideration. It also explains that if the individual files the appeal
request within 10 days after receiving the notice, SSI payments will continue at the same amount until there is a decision on the reconsideration.
NOTE: Generally, the first level of appeal for adverse actions resulting from non-disability
determinations is a reconsideration.
When individuals respond to the advance notice and/or want to appeal, Field Office
(FO) employees must fully explain the determination, appeal rights and right to benefit
continuation (see SI 02301.310 for explanations). Individuals, on their own initiative, may choose to waive their
automatic right to benefit continuation, but must do so in writing. However, employees
must NEVER suggest waiver of benefit continuation or ask specifically if they want
to waive benefits during appeal. Individuals who waive benefit continuation may change
their decision and request reinstatement (including any retroactive payments, if due)
as long as the reconsideration determination is pending.
When individuals contact the FO and question or disagree with a determination after
the 10-day or 60-day time limits have expired, employees will assist them if they
want to appeal and will develop good cause for extending the time limits for appeal
and benefit continuation. (For good cause instructions, see GN 03101.020A., SI 02301.310, and SI 04020.020B.)
As long as an individual remains otherwise eligible (but for the issue under appeal),
GK benefit continuation ends the month there is determination on the reconsideration.
SI 02301.325 explains how to adjust protected payments due to changes in circumstances which are
not under appeal.