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?
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!
Days of Social Security, but she does not... Not really fair, but it is the system... Hope this helps...
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
Good luck with all of this red tape.
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.
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