1140.025.05 Advance Notice of Adverse Action

IM-#36 April 22, 2010,  IM-#14 January 23, 2003

If the EU reports a change which will result in ineligibility or a decreased allotment and the change is to be acted on, a notice of adverse action is sent to the EU within ten days of the date of the reported change.

The EU is given ten calendar days advance notice of adverse action. The ten calendar days begin with the day after the mailing of the notice and end on the 10th day. If a hearing is not requested, action is taken on the 11th calendar day. If the 10th day falls on a weekend or holiday, the notice will expire on the next working day and the 11th day is the date entered on the notice.

The case is closed effective the month following the month the notice of adverse action expires. Do not enter the closing transaction until the day before or the day of the benefit availability date to ensure the EU receives benefits in the last month of entitlement.