Social Security & Death

maxaroni

DIS Veteran
Joined
Mar 17, 2005
Messages
3,117
Social Security is paid in arrears, so the check being paid out in January is actually for December. My dad passed away January 1, alive all of December. My thinking would be that he is entitled to the payment in January as it was for December and he was alive the full month. Evidently, that is not the case. Social Security pulled the money out of my dads checking account that I had to leave open as I was not on the account and awaiting letters of testamentary. I was on his main checking account, this was just the account he had in NJ before moving to FL. He left that one open as he didn’t want to change his auto deposits. I am perplexed as to why one would not be eligible for the payment for the full month prior to death.

I did call my attorney as well as my accountant and was told to call social security. I called and was told what I expected, confirming what the bank told me.
 
If the date of death was January 1, then yes, your father's account should have received the payment for December. Did Social Security say explicity that they deducted the payment for December? If the death certificate clearly shows that your father passed away in January, I agree that this does not make sense.
 
I have a hard time figuring out SS since they do pay a month behind. When I turned 62 in july I had to wait till the end of sept to get my first check. So it’s like they hold a check which you never get. Since the month you pass SS is done. It’s not like when you start a job and they hold a check but at least you get Thst back when you leave. Not the case here. Wonder where all that money goes. Sorry a little off topic but aling the lines of SS sorry about your dad
 
If the date of death was January 1, then yes, your father's account should have received the payment for December. Did Social Security say explicity that they deducted the payment for December? If the death certificate clearly shows that your father passed away in January, I agree that this does not make sense.
Social security so far has not contacted me. I went to close out the bank account and what I thought I would get, I didn’t get. I questioned it and she said that social security took back the money and verified it with someone above her. She said to call social security. I first called my attorney and was told the same thing, call social security. My accountant said the same thing. I called social security and was told that it was taken back as he’s not eligible for the money the month he passed away. I asked several times that the money paid in January was for December, he should be eligible to that money. She told me no, he is not eligible but didn’t clearly explain anything. She said that if I felt money was owed to me, fill out a form that I could get on the SSA.gov website. I printed it out and sending the letters of testamentary and will send in. If I am not satisfied with that, I will make an appointment with the local office and see if I can get some sort of explanation, other than no.
 

Nobody is due social security the month they die. It’s actually a crime to use somebody else’s social security after they die unless you are a qualified survivor.
 
Nobody is due social security the month they die. It’s actually a crime to use somebody else’s social security after they die unless you are a qualified survivor.
The money was already paid out. It should be available to pay the bills for the deceased from December. Such as the electric bill, etc.
 
If your asking if he should get money for January the answer is no. In fact If he died on the 31st of January he still wouldn't get January's but his estate should be paid for December unless there was a screw up in the reporting of date of death. January's wouldn't be paid until February. And like I said if he passed anytime in January it would not get paid to his account. Both my parents pass within two days of the end of the month. The government doesn't act fast enough to stop the payment for that month so as soon as they catch up, they will withdraw that payment from his account or if they catch it in time then it will not be sent. However, Decembers should have been deposited. If that didn't happen contact Social Security and ask why it wasn't paid. Decembers payments are to cover Decembers expenses. Even at best, if they paid for January it would be paid until February. The whole thing is very confusing.
 
Interesting - I’m a recent widow - they ‘stopped’ my husband’s SS direct deposit for the month he passed but will be mailing the check instead…
 
If you’re asking if he should get money for January the answer is no. In fact If he died on the 31st of January he still wouldn't get January's but his estate should be paid for December unless there was a screw up in the reporting of date of death. January's wouldn't be paid until February. And like I said if he passed anytime in January it would not get paid to his account. Both my parents pass within two days of the end of the month. The government doesn't act fast enough to stop the payment for that month so as soon as they catch up, they will withdraw that payment from his account or if they catch it in time then it will not be sent. However, Decembers should have been deposited. If that didn't happen contact Social Security and ask why it wasn't paid. Decembers payments are to cover Decembers expenses. Even at best, if they paid for January it would be paid until February. The whole thing is very confusing.

No, looking for Decembers money which would be paid in January. I know he is not entitled for Januarys money, which would be paid in February. He was alive the full month of December and IMO, he should receive Decembers money even if not paid until January. I reported to the death to social security the first week after he passed away.
 
The executor of the estate needs to contact Social Security to get that money returned. If he lived one second into January, it is his money.

https://www.usa.gov/social-security-report-a-death
I am the executrix, personal representative, etc. I reported the death within the first week of his death. I am the one that contacted social security yesterday. I filled out the form that says that the family/executor/executrix think we are owed. I also sent the required Letters of Administration that I have. I will probably make an appointment with the local office, as well.
 
This might seem off-topic, but bear with me. In the movie, "We Are Marshall", the new head coach and the university president repeatedly send letters to the NCAA asking for a waiver to field a team of all-freshman players. Those appeals are repeatedly denied. Finally, the head coach tells the university president to personally go to the NCAA headquarters to make the appeal. The idea is that it's more difficult to reject someone in person than it is by mail.

With that said, cut through all of the nonsense and personally visit your local Social Security office. Look someone in the eye and have them explain why the December check was withdrawn. If you have all of your paperwork in order and with you, it's going to be more difficult to ignore your appeal in person.
 
With that said, cut through all of the nonsense and personally visit your local Social Security office. Look someone in the eye and have them explain why the December check was withdrawn. If you have all of your paperwork in order and with you, it's going to be more difficult to ignore your appeal in person.

No one is ignoring her appeal. It was just made yesterday. While the local office will be able to explain rules & procedures, they can’t make exceptions to the federal rules. I’m sure the OP is right & the estate is owed the money. She just needs to go thru the process.
 
This might seem off-topic, but bear with me. In the movie, "We Are Marshall", the new head coach and the university president repeatedly send letters to the NCAA asking for a waiver to field a team of all-freshman players. Those appeals are repeatedly denied. Finally, the head coach tells the university president to personally go to the NCAA headquarters to make the appeal. The idea is that it's more difficult to reject someone in person than it is by mail.

With that said, cut through all of the nonsense and personally visit your local Social Security office. Look someone in the eye and have them explain why the December check was withdrawn. If you have all of your paperwork in order and with you, it's going to be more difficult to ignore your appeal in person.

in the best of times generally you can only get very basic information at a drop in appointment at social security (if they are even doing drop in's-a year ago this month our region's just reopened and it is still only been doing limited services). a drop in rep is not going to pull up the history of the case and review it-they will tell you to make an appointment so that the appropriate information is accessed and reviewed ahead of time.

i KNOW it's frustrating but the rep at drop in (or an appointment) is not ultimately going to be who handles the issue-it will get assigned to the appropriate division which may not even taken internal phone calls from the front of house reps. putting pressure on the person who sits across from you at social security accomplishes nothing except, if voices become raised-the potential for security to remove you from the premises (and thankfully for their staff's protection-they are much less patient with clients they perceive as 'hostile').
 
I would walk into your local office in person with death certificate and bills in your hands with the name of the deceased on them covering that particular time frame and hope someone there is feeling merciful and can help you.

If you do not hear what you want to hear walk away calmly and try another day, maybe you will get a nice person on another day. Once you get yourself flagged nothing will go your way so don't show you are in any way upset and risk getting flagged or some sort of note with your name.
 


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