This topic contains special instructions for handling cases involving Introduction administrative error, including requirement for an administrative decision and advance notice of adverse action approval of administrative decisions involving administrative error approval of administrative decisions requesting Compensation Service’s actions to take if a beneficiary does not respond to the notice of proposed adverse action actions to take if a beneficiary provides new evidence or requests a hearing, and substituting a Decision Review Officer (DRO) decision for a new administrative decision. June 19, 2014 Change Date If, because of administrative error, VA is paying benefits to a beneficiary in a. Requirement for an an amount that exceeds his/her entitlement, Administrative Decision and prepare an administrative decision according to the instructions in that Advance Notice proposes to reduce or discontinue benefits under of Adverse send the beneficiary notice of the proposed adverse action according to Action instructions in , and do not take action to reduce or discontinue benefits until 65 days after the date of the notice of proposed adverse action. VA may create an overpayment in a account Important: not beneficiary’s when adjusting his/her award to correct an administrative error. Accordingly, there is no need to include language about minimizing an overpayment in the corresponding notice of proposed adverse action. Continued on next page 36. Special Instructions for Handling Cases Involving Administrative Error, Continued b. Approval of Use the table below to determine who must approve administrative decisions Administrative involving an administrative error that resulted in the payment of excessive Decisions benefits to a beneficiary. Involving Administrative Error
Introduction This topic contains special instructions for handling cases involving administrative error, including requirement for an administrative decision and advance notice of adverse action approval of administrative decisions involving administrative error requesting Compensation Service’s approval of administrative decisions actions to take if a beneficiary does not respond to the notice of proposed adverse action actions to take if a beneficiary provides new evidence or requests a hearing, and substituting a Decision Review Officer (DRO) decision for a new administrative decision. Change Date June 19, 2014 a. Requirement for an Administrative Decision and Advance Notice of Adverse Action If, because of administrative error, VA is paying benefits to a beneficiary in an amount that exceeds his/her entitlement, prepare an administrative decision according to the instructions in that proposes to reduce or discontinue benefits under send the beneficiary notice of the proposed adverse action according to instructions in , and do not take action to reduce or discontinue benefits until 65 days after the date of the notice of proposed adverse action. Important: VA may not create an overpayment in a beneficiary’s account when adjusting his/her award to correct an administrative error. Accordingly, there is no need to include language about minimizing an overpayment in the corresponding notice of proposed adverse action. Continued on next page 36. Special Instructions for Handling Cases Involving Administrative Error, Continued b. Approval of Administrative Decisions Involving Administrative Error Use the table below to determine who must approve administrative decisions involving an administrative error that resulted in the payment of excessive benefits to a beneficiary.