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GG1790 Asked May 2016

Mom's SS check was direct deposited into our joint checking acct. before she passed. Do I have any recourse?

We shared apt in NJ.  On third Wed. of each month. Mother died on 4/14/16.......Her March Social Security check was direct deposited into our joint checking acct on 4/20/16. Legally she (or I) should be able to keep it as last check. Yet it was snatched out by SSA on 5/10/16. Now SSA wants me to submit form SSA-1724 to TRY to get it reinstated maybe months from now. How can they get away with this? Do I have any recourse? Any free consumer or legal agency to turn to for assistance? Please advise?

EXPERT Margaret Johnson Ware May 2016
Social Security always pays the month following -- you have to be alive for the whole month to qualify, as people have pointed out. So if it was the April deposit that was canceled, there is something wrong.

I would start first with the local Social Security office and point out the mistake. If for some reason that is not successful, I would urge you to contact your Congressional Representative's local office. This is exactly what the case workers on staff are for. They have a relationship with Social Security and should be able to "fix" it. Let us know what happens!

Bogacz May 2016
Unless your mother lived the entire month, she does not get a check... For example: If your mother died on the 10th of the month, one would think that she would get 10
Days of Social Security, but she does not... Not really fair, but it is the system... Hope this helps...

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Harpcat May 2016
And according to this answer by a SS employee you are eligible for the March payment that was made in April but not for the April payment to be made in May.

Mark0957 May 2016
Social Security benefits are not paid for the month in which a recipient dies. In
most instances, the check an individual receives in a given month represents payment for the preceding month. In other words, by design, the check (or direct bank deposit) arrives after the month for which it applies. In situations where a recipient dies late in the month, the Social Security Administration often is not notified of the death in time to stop the payment. When family members are informed that the check must be returned, they often complain that the policy is unfair and creates a financial hardship because the deceased recipient incurred expenses for part (or even most) of the month. Legislation is introduced routinely that would pay a full benefit for the month of death, or pro-rate the benefit based on the proportion of the month that the recipient was alive. Supporters of the legislation argue that withholding benefits for the month of
death does not make sense given that a person’s bills do not stop at the beginning of the month in which they die. They argue that the public views the policy as anomalous in a system designed to provide monthly income to retirees, the disabled, and survivors of deceased workers. Critics of the legislation argue that paying full benefits for the month of death would cost an estimated $1.6 billion annually (excluding administrative costs). They point out that a deceased recipient’s spouse and children can collect survivor benefits for the month of death, regardless of when the death occurred; that survivors
may be entitled to a $255 lump-sum death payment; and that those seeking to have benefits paid for the month of death have little appreciation for the administrative difficulties involved in determining who should get the more than 2 million final benefit checks issued each year.
Background
Section 202 of the Social Security Act states that benefits are paid up through the month before the month in which a recipient dies. Thus, no benefits are paid for the month of death. This rule has been in the law since 1939. The rule does not apply to Medicare in which benefits are provided up to the date of death

lealonnie1 May 2016
Funny how efficient the government is in matters of money they're paying out to us, and how completely bumbling and inept they are with everything else. Sigh. My Dad died on the 23rd of the month, so SS snatched back his last check as well, then wound up redepositing it a month later.

Good luck with all of this red tape.

tornadojan May 2016
Had nothing to add to the general discussion, but felt it necessary to respond to the comment by ferris1: Regardless of what day you die on, your monthly payment is paid ahead, so you will have to return that money, or Social Security has every right to get their funds back. Stop whining about a little money, and grieve your mother.

I don't think it's necessary to add a snarky comment to someone who I'm sure IS grieving - quite insensitive. All of this bureaucratic "housekeeping" is unfortunately part of the process for those left behind following a death. Have you considered that maybe the last tribute GG1790 can give her mom is to tie up all the loose ends? I'm sorry, GG1790, for your loss. Thanks for asking a question that maybe others had as well.

dragonflower May 2016
Bogacz is correct....unless she lived the entire month, she is not entitled to receive a Social Security check. Also, remember that the SS money belonged to your MOTHER, not to you, even though you had a "joint" checking account. Also, you said that she died on the 14th, but the check was deposited on the 20th. Therefore, your rmother was already 6 days dead when the SS check came through. SS is not in the habit of paying money to deceased people.

luckylu May 2016
I'm sorry you lost your Mother.Sorry your having to go through all this too on top of loosing her.Take care.

debdaughter May 2016
that didn't happen with us - dad got his checks on the 3rd, like they used to be and he died on the 7th, so his check had already come through, but, like you were saying, they're retroactive anyway, so it was actually for the month prior that he did live that whole month - that was December, check came January, he died that month, so then didn't get one in February; thankfully he ran his checking account about a month ahead, since his grandson lived with him and we were getting the VA Aid & Attendance for him to take care of dad, which he also I don't think was needing all of every month or at least I think somehow managed to not that month, so we were able to cover the next months bills

Harpcat May 2016
Tooyoung, she is wanting the money deposited in April for March's income. Her mother was alive the entire month of March and it is owed to her. Sad that our government is so inefficient and greedy

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