VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification Procedures 1. SSA is responsible for verifying and determining if the data in the DoD/DMDC response file is consistent with the data in SSA SSR/SVB files and for resolving any discrepancies or inconsistencies as to positive identification or data on an individual basis. 2. SSA will screen the initial data to verify that the matched individual is an SSI applicant, recipient, deemor, or an SVB beneficiary. SSA will compare the response file with SSR files to verify identity information and will conduct independent inquiries, as appropriate, to resolve questionable identity information or data. If necessary, SSA will contact the individual. 3. SSA will independently investigate and verify any discrepancies or inconsistencies in SSA files based on information furnished by DoD/DMDC, or developed as the result of the match, prior to taking any final adverse action against an applicant, recipient, or beneficiary. B. Opportunity to Contest Before taking any adverse action based on the data received from the match, SSA will provide written notice with specific details to each individual for whom SSA decides possible adverse action may be necessary. SSA will inform the applicant, recipient, beneficiary, or where appropriate, the individuals representative payee, that: 1. SSA has received data pertaining to receipt of a military retirement or survivor benefit payment, which indicates that an adverse action may be necessary. SSA will provide a description of the information alleged and a description of the possible adverse action to the applicant, recipient or beneficiary. 2. Unless the applicant, recipient, or beneficiary (or representative payee) notifies SSA that the data is not accurate within 10 days from the receipt of the notice, SSA will infer that the data provided by DoD/DMDC is accurate and will take steps, as authorized by law, to make or finalize any necessary adjustment to the applicant, recipient, or beneficiary's SSI payment, SVB benefit, or both. 3. The applicant, recipient, or beneficiary (or representative payee) has 60 days to contest the adverse data. Per 20 CFR 416.1336 (b), if the applicant, recipient, or beneficiary (or the representative payee) does not contact SSA within 10 days of receiving the notice of adverse action, SSI payment and SVB benefit amounts generally will be affected based on the information. Further appeals of the adverse action will be permitted as described in applicable SSA regulations. C. Final Authority After verification and notice, as required under 5 U.S.C. § 552a(p), SSA will make determinations as to SSI payments, SVB benefits, specific amounts, and any adjustments or recovery of payments thereof.
Appears in 1 contract
Sources: Computer Matching Agreement
VERIFICATION AND OPPORTUNITY TO CONTEST. A. Verification Procedures
1. SSA is responsible for verifying and determining if the data in the DoD/DMDC response file is consistent with the data in SSA SSR/SVB files and for resolving any discrepancies or inconsistencies as to positive identification or data on an individual basis.
2. SSA will screen the initial data to verify that the matched individual is an SSI applicant, recipient, deemor, or an SVB beneficiary. SSA will compare the response file with SSR files to verify identity information and will conduct independent inquiries, as appropriate, to resolve questionable identity information or data. If necessary, SSA will contact the individual.
3. SSA will independently investigate and verify any discrepancies or inconsistencies in SSA files based on information furnished by DoD/DMDC, or developed as the result of the match, prior to taking any final adverse action against an applicant, recipient, or beneficiary.
B. Opportunity to Contest Before taking any adverse action based on the data received from the match, SSA will provide written notice with specific details to each individual for whom SSA decides possible adverse action may be necessary. SSA will inform the applicant, recipient, beneficiary, or where appropriate, the individuals individual’s representative payee▇▇▇▇▇, that:
1. SSA has received data pertaining to receipt of a military retirement or survivor benefit payment, which indicates that an adverse action may be necessary. SSA will provide a description of the information alleged and a description of the possible adverse action to the applicant, recipient or beneficiary.
2. Unless the applicant, recipient, or beneficiary (or representative payee) notifies SSA that the data is not accurate within 10 days from the receipt of the notice, SSA will infer that the data provided by DoD/DMDC is accurate and will take steps, as authorized by law, to make or finalize any necessary adjustment to the applicant, recipient, or beneficiary's SSI payment, SVB benefit, or both.
3. The applicant, recipient, or beneficiary (or representative payee) has 60 days to contest the adverse data. Per 20 CFR 416.1336 (b), if the applicant, recipient, or beneficiary (or the representative payee) does not contact SSA within 10 days of receiving the notice of adverse action, SSI payment and SVB benefit amounts generally will be affected based on the information. Further appeals of the adverse action will be permitted as described in applicable SSA regulations.
C. Final Authority After verification and notice, as required under 5 U.S.C. § 552a(p), SSA will make determinations as to SSI payments, SVB benefits, specific amounts, and any adjustments or recovery of payments thereof.
Appears in 1 contract
Sources: Computer Matching Agreement