Legal Aspects Manual

0130.015.10 Advance Notice of Adverse Action Required

An Adverse Action Notice is required prior to action to discontinue or reduce benefits and/or services unless the action meets an exception (see 0130.015.20 Exemptions to Advance Notice of Adverse Action) . The Adverse Action Notice gives EUs currently receiving benefits or services:

  • Ten calendar days advance notice of action to discontinue or reduce benefits and/or services.

    NOTE: The ten calendar days begin with the day after the notice is generated. If the tenth day falls on a holiday, Saturday, or Sunday, the tenth day on the Notice of Adverse Action is the first business day following the holiday, Saturday, or Sunday.

  • An opportunity to request a hearing prior to the action.
  • An opportunity to request benefits to continue at the present level until the hearing decision is received.