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 10 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 10-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 10-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 timeframes 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.