GN 03001: Due Process Requirements for Processing First/Third Party Reports-Title II
An advance notice is required for all third party reports except in the following cases:
Death of the beneficiary (see GN 02602.050).
Undeliverable check (see SM 00624.001).
Death of a representative payee.
Representative payee refuses to serve.
Beneficiary is legally incompetent and representative payee is unavailable.
Evidence of misuse of funds by representative payee and substitute payee is unavailable.
NOTE: For title XVI policy on first/third party reports, follow SI 02301.010.
1. Advance Notice
Send the advance notice. See GN 03001.015A. for notice content.
NOTE: Manual notices should be completed using DPS (Distributed Online Correspondence System) and sent to ORS (Online Retrieval System) to ensure that a record of the notice is available and that due process requirements have been met.
Diary the case to allow sufficient time for a protest to be filed.
2. No Protest Is Received
Take the adverse action.
3. Beneficiary Protests Before An Adverse Action Is Taken
Make a determination.
Take the adverse action, if appropriate.
Send the final notice with appeal rights.
4. Beneficiary Disagrees After Adverse Action Has Been Taken
If the beneficiary/claimant disagrees after the final determination has been made, take the following action:
Reopen the final determination, or
Take an appeal if the beneficiary wants to appeal the final determination.
5. Beneficiary Disagrees With Equity of the Law
If the beneficiary/claimant disagrees with the equity of the law, take the adverse action and send the initial determination with appeal rights. The beneficiary may use the expedited appeal process once a reconsidered determination is made. See GN 03107.000 for the expedited appeal process.
If an adverse action is taken inadvertently without advance notice, reinstate benefits and follow GN 03001.025B.4.