POMS Reference

NL: Notices, Letters and Paragraphs

TN 4 (02-95)

A. Description of the SSA-L8165-U2

Generally, the SSA-L8165-U2 explains actions that are not initial determinations subject to appeal. For this reason, appeal rights are not preprinted on the SSA-L8165-U2.

B. Process

The system will generate an SSA-L8165 when there is a change in direct deposit. Paragraphs covering direct deposit are listed under the caption “About Your Request For Direct Deposit” in the chart in NL 00803.025.

C. When to use

Issue a manual SSA-L8165-U2 to:

  • Notify recipients about a fee agreement with their attorney/ representative.

  • Notify a representative payee applicant or former payee who does not have the right to appeal our payee selection that he/she was not chosen to be payee;

  • Notify a legally incompetent adult recipient or a child recipient receiving direct payment about selection of a representative payee.

  • Dismiss a request for reconsideration not timely filed.

  • Notify a recipient that request to withdraw his/her SSI application has been approved. (N12)

  • Notify a recipient about a waiver decision when you waive part but not all of the overpayment.

    CAUTION: Do not use an SSA-L8166-U2 in this situation because the appeal rights on the SSA-L8166-U2 do not include the right to a formal conference. Instead, you must use an SSA-L8165-U2 and copy appeal rights from the SSA-L8173-U3 or SSA-L8174-U3 .

  • Explain administrative actions which do not have appeal rights per SI 04010.010C.1.

  • Restore benefits to the protected payment level.

  • Stop multiple payments and pay the correct amount.

  • Correct erroneous payments over the payment ceiling.

  • Notify a recipient that no penalty applies.

D. Procedure

Use an SSA-L8165-U2 with paragraph RECM50 (NL 00804.224) followed by paragraph 2508 (NL 00804.240) to dismiss a request for reconsideration that was not filed timely.

E. References

  • Notice language for representative payee applicants per C. above - NL 00703.821.

  • Notice language for legally incompetent adult claimant or child claimant in direct payment - NL 00703.823.

  • Notice language approving request to withdraw SSI application - NL 00804.215 - paragraph 2482.

  • Notices for partial waiver of overpayment - NL 00803.230.

  • Instructions and notice language to stop multiple payments and pay the correct amount - (See SI 02301.315D and NL 00804.225, GBKM06. Appeal rights are at GBKM08.)

  • Instructions and notice language to correct erroneous payments over the payment ceiling. (See SI 02301.315E and NL 00804.225, GBKM07. Appeal rights are at GBKM08.)

  • Instructions and notice language that no penalty applies. (See SI 02301.110 and NL 00804.240, PENM51 and PENM52.)