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SSA | RIN: 0960-AI70 | Publication ID: Spring 2022 |
Title: Notice of Intended Action Affecting Recipient's Payment Status | |
Abstract:
Based on the Supreme Court decision in Goldberg v. Kelly and principles of due process under the Constitution, we provide SSI recipients advance notice of an adverse action before we take the action. We provide SSI recipients a Notice of Planned Action, also known as the GK notice. The GK notice explains the planned adverse action, the right to appeal the adverse action, and the right to GK payment continuation at the protected payment level if the recipient appeals the adverse action within 10 days of receipt of the GK notice. Under our rules, we presume that the recipient receives the GK notice within 5 days after the date on the GK notice, which means within 15 days of the date on the GK notice. This change in regulation will adjust the timeframe for filing reconsideration requests and continuing to receive payment continuation to account for the challenges that agency has with meeting the requirements of the current rules. |
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Agency: Social Security Administration(SSA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 20 CFR 416.1336 | |
Legal Authority: 42 U.S.C. 405 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Katherine Dempsey Social Insurance Specialist Social Security Administration 6401 Security Boulevard, Baltimore, MD 21235 Phone:410 966-6049 Email: katherine.dempsey@ssa.gov |