Common use of Verification Procedure and Opportunity to Contest Clause in Contracts

Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals identified through the matching process without first conducting verification procedures. SSA will also contact the beneficiary or recipient in accordance with Section XVI of this Agreement to verify discrepant information obtained through the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. In both RSDI and SSI cases, the affected individual will have an opportunity to contest the accuracy of the information provided by DHS as described below. B. Opportunity to Contest Before taking any adverse action based on the information received from the match, SSA will provide all individuals for whom SSA decides such adverse action is necessary with the following information. SSA will provide this information in English or Spanish with alternative options available for the blind or visually impaired consistent with Section XVI of this Agreement. 1. SSA has received information from DHS pertaining to the noncitizen’s voluntary absence or removal from the United States that indicates specified adverse action is necessary. 2. SSA will provide information that indicates the necessity for an adverse action to the individual receiving Title XVI payments or Title II benefits and the effective date of any adjustment or overpayment that may result. • Notice language for absences related to Title XVI.4 • Notice language for absences related to Title II.5 6 3. The individual has 60 days from the date of the notice to contact SSA and contest the adverse decision. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation. 4. Unless the individual notifies SSA within the time period specified, SSA will conclude that the data provided by DHS is correct and will make the necessary adjustment to the individual's RSDI or SSI benefits. To ensure SSA does not act without verification, the agency also has a policy in place for incorrect, missing or questioning removal data even if the individual does not contest.7 The N03 or N23 policy would apply for Title XVI recipients, as Claims Specialists would have a high level of confidence in the third-party report via this Agreement.8

Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals identified through the matching process without first conducting verification proceduressolely based on information that SSA obtains from the match. SSA will also contact the beneficiary or recipient in accordance with Section XVI of this Agreement to verify discrepant information obtained through the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. In RSDI and SSI cases where discrepant information is produced by the matching process, SSA will verify status through the SAVE program. SSA will request or conduct further investigation if the SAVE program response and the removal report generated as part of this match are inconsistent with respect to the NH’s current immigration status or if there is some other indication that the removal report is incorrect or does not apply to the NH. In cases on which the SAVE program response or other information immediately available to SSA is sufficient to establish that suspension of RSDI or SSI benefits under the removal provisions is not warranted, benefits will continue without further development. In both RSDI and SSI cases, the affected individual will have an opportunity to contest the accuracy of the information provided by DHS. SSA will consider the information provided as accurate if the affected individual does not protest within 30 days of receiving notice of the proposed adverse action. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation. SSA will advise the individual that failure to respond within the appropriate timeframes will provide a valid basis for SSA to assume that the information DHS as described belowprovided is correct. B. Opportunity to Contest Before taking any adverse action based on the information received from the match, SSA will provide all individuals for whom SSA decides such adverse action is necessary with the following information. SSA will provide this information in English or Spanish with alternative options available for the blind or visually impaired consistent with Section XVI of this Agreement.: 1. SSA has received information from DHS pertaining to the noncitizenalien’s voluntary absence or removal from the United States that indicates specified adverse action is necessary. 2. SSA will provide the specific information that indicates the necessity for an adverse action to the individual receiving Title XVI SSI payments or Title II RSDI benefits and the effective date of any adjustment or overpayment that may result. • Notice language for absences related to Title XVI.4 • Notice language for absences related to Title II.5 6. 3. The individual has 60 30 days from the date of the notice to contact SSA and contest the adverse decision. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation. 4. Unless the individual notifies SSA within the time period specified, SSA will conclude that the data provided by DHS is correct and will make the necessary adjustment to the individual's RSDI or SSI benefits. To ensure SSA does not act without verification, the agency also has a policy in place for incorrect, missing or questioning removal data even if the individual does not contest.7 The N03 or N23 policy would apply for Title XVI recipients, as Claims Specialists would have a high level of confidence in the third-party report via this Agreement.8.

Verification Procedure and Opportunity to Contest. A. Verification Procedures SSA will take no adverse action regarding individuals identified through the matching process without first conducting verification procedures. SSA will also contact the beneficiary or recipient in accordance with Section XVI of this Agreement to verify discrepant information obtained through the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. In both RSDI and SSI cases, the affected individual will have an opportunity to contest the accuracy of the information provided by DHS as described below. B. Opportunity to Contest Before taking any adverse action based on the information received from the match, SSA will provide all individuals for whom SSA decides such adverse action is necessary with the following information. SSA will provide this information in English or Spanish with alternative options available for the blind or visually impaired consistent with Section XVI of this Agreement.: 1. SSA has received information from DHS pertaining to the noncitizen’s voluntary absence or removal from the United States that indicates specified adverse action is necessary. 2. SSA will provide information that indicates the necessity for an adverse action to the individual receiving Title XVI payments or Title II benefits and the effective date of any adjustment or overpayment that may result. • Notice language for absences related to Title XVI.4 • Notice language for absences related to Title II.5 6 3. The individual has 60 days from the date of the notice to contact SSA and contest the adverse decision. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation. 4. Unless the individual notifies SSA within the time period specified, SSA will conclude that the data provided by DHS is correct and will make the necessary adjustment to the individual's RSDI or SSI benefits. To ensure SSA does not act without verification, the agency also has a policy in place for incorrect, missing or questioning removal data even if the individual does not contest.7 The N03 or N23 policy would apply for Title XVI recipients, as Claims Specialists would have a high level of confidence in the third-party report via this Agreement.8