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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?

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My husband died on Dec. 4th. I relied of his November check to pay for some of the funeral costs. His checks were coming in on the second wed. of the month. So when I went to take the money out for Nov. there was nothing there? Isn't this money what is put in for retirement?
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I'm sorry you lost your Mother.Sorry your having to go through all this too on top of loosing her.Take care.
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debdaughter, just saw ur post. Yes to ur question if ur husband receives mor SS than u. You don't collect both and either will he. My husband gets 1500 I get 750. If he dies before me, my SS ck is discontinued and I get what he was receiving, 1500.
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No, you do not get to keep it.
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When you have a problem with SS you need to go to the nearest office and sit down with a representative. When my husband retired, there was a problem with a voucher he received. The notice we received was from Philadelphia, we live in NJ. We took the info to SS in Del. (closest to us). They said no problem, took copies and handled it from there. Never heard from Phila. again. Never heard of SS asking for money back that was unused. Have no idea how you would figure that out but then all Moms goes to keeping a house up. As said earlier, the check you get in May is your April check. If u die in April, its either not sent for May or if issued, they take it back. If you die in May, you should receive Mays check but then I've heard that depends on the time of the month u die. Like I said, any problems go to their offices. Better talking in person. As children, we r not respondible for our parents debts. So, u take the money that is left. Pay the bills you can and prove to the rest that there is no money.
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Sherry, knowing SS, it wouldn't be surprising if they catch up with you somehow. Be prepared! Yes, the VA in Mom's case was very good also, they redacted the money within the week. SS did not and of course blamed the bank, expecting the bank to do it without a request. Since I'm having a problem getting the deposit back from the NH, I don't need any more issues and just had the bank do it to get SS off my back some time in the future.
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I had a similar situation and SS didn't take out the last check from Mother's account. They did send a letter to me requesting that I pay any amount that I still had remaining in my possession. The day my mother died, I cleaned out that account and paid for her funeral. The VA did send another check and after about 2 weeks they retrieved it. I've not heard another word from SS. Hopefully I never will.
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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!
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so, Joann, you get your husband's whole amount when he passes away? - the 1/2 only applies as long as he's still alive?
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I agree with JoAnn, get the booklet. Also you might want to visit a social security office to see what they say. I could tell you what I think but it may be wrong.
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A good idea would be to get the booklet that SS publishes. This way there r no surprises.
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My husband and I started collecting at age 62, him two years before me. You have to work 40 qtrs to collect SS. Since I had worked I collect what I put in. Since my husband was already collecting they would have brought me up to half of his benefit but it was already there. Ex: I recieved 750 and if my husband had been bringing in 2000 they would have brought me up to 1000. He was bringing in 1500 so I already had half. If he dies before me I will get his 1500 and my 750 drops. If I die before he keeps his and mine drops off. Whichever is more.
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I forgot to add that i dont know what the answer would be if she was receiving an amt that was based on BOTH her own work record and husbands as this can be the case when both spouses paid into social security.
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Looks likes it depends on whether she was receiving Social Security on her own work record or as a widow benefit from a deceased husband.
If on her own work record..then the check for the previous month would be payable. If her checks was a widows benefit from her husband work record then that check is not awarded.
Hope this helps
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Hi Partsmom. Your Dad, Mom, and you were one of the families Social Security was created to assist. Born in 1896, your Dad would have been 54 years old when Congress passed Social Security legislation in 1940. So, if and when your Dad reached the retirement age of 65 he would only have paid into the system for 12 years; if he died before that time, he would have contributed even less. If your Mom was a widow caring for a child (you?) under age 16 Social Security would pay her monthly benefits. Also, an unmarried child under 18 could receive benefits.

Social Security may pay a family benefits far in excess of amounts they may have paid in. For this reason, it is not like a personal savings account, but more like an insurance plan - also known as OASI (Old Age and Survivors' Insurance). Sounds like it was a help for your family, like so many others - just when they need it most!
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When Social Security went into effect, people born well before that date who had paid into the system got benefits. I recall my dad, who was born in 1886, applying for social security--somehow he didn't have a birth certificate available, so he got an affidavit from his mother. He also got benefits for Mom and I, because I was still young enough.
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The mother lived during the whole month of March. So March's check should be paid. If March's check was paid April 20, then that check should have been and hopefully will be deposited. If the April 20 SS deposit was in fact for the month of April instead of the month of March, then there's no payment for the 14 days she lived in April. There was no need, dragonflower, to be so rude. There are many financial situations where payments round up for the final payment, or are prorated for the final month based on the number of days in that last month. It was a fair question and your attitude doesn't belong on a site for supporting people during such difficult times.
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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.
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If the 4/20/16 check was for the month of March and not the month of April, I believe (I'm not a financial professional) you are entitled to that check. You won't receive a check for any of April even though she lived for 14 of that month's days. Hopefully they'll just redeposit it on their own very soon. Meanwhile, maybe start in with the hoops they say you must go through and hope you don't have continue with that route.
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A deceased beneficiary may have been due a Social Security payment at the time of death. Amounts due a deceased beneficiary may be paid to a family member or a legal representative of the estate in the following order.

The surviving spouse who was either living in the same household as the deceased at the time of death or who, for the month of death, was entitled to a monthly benefit on the same record as the deceased;
Children who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
Parents who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
A surviving spouse not qualified under 1. above;
Children not qualified under 2. above;
Parents not qualified under 3. above; or
The legal representative of the deceased person's estate.
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When my mom died I had the same problem. I called the social security office and asked them. There is a form you have to fill out, but all her surviving kids need to fill out the form. If your mom was due any money then after they process the form they will split the amount amount the surviving children. I can't remember the form number but I did get it online. Call or search online.
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Hello GG1790: "Recourse"? No.

The check deposited in April was for the month going forward from that date. There sounds like a misunderstanding that you thought the check was for March.

Save your emotional energy for the grief you must be experiencing from the loss of your mother.
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The $255. "death benefit" provided by Social Security, is only paid out for "dependents" of the one who died. No dependents? Then no one is eligible to receive the $255. Call the Social Security office and ask, and request one of their free booklets which explain all current Social Security benefits.

According to current rules, If the decedent (the one who has died) dies on any given day in the month - that entire month's payment gets returned to the Social Security fund.
There was no such thing as Social Security ("Old Age Benefits") until Ida May Fuller received the first such check on January 31, 1940, in the amount of $22.54 !! In spite of heavy opposition by Congress, President Franklin D. Roosevelt was finally able to get them to pass this legislation so older Americans would no longer become destitute when they could no longer work. For those born before 1940, there was no "Social Security" old-age benefit; no Disability benefit; and no S.S.I. Benefit.
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sunshiner, I don't understand you having to refund the check your mother got the month she died; are you sure you weren't refunding the "April" check, as in, since she died so late in the month, that she got one the next month, which, technically, was her "April" one, instead of the one she got in April, which, technically, was her "March" one; anyway I didn't return dad's that he got in early January before he passed away less than a week later, so there was plenty of time for SS to be notified and him not get one in February; now, having said that, I do feel for those of you whose loved ones passed away later in the month with all the attendant expenses - I want to go back and read the comment re the history of how all this came to be, but also I appreciate the one who commented on running ahead; just always was that way with my dad, but I know it's not with everybody but maybe this is something we can all at least try to take away with us, as we've learned how this works.
Also, dad's bank never said anything about SS contacting them but then I never contacted SS either, about his check; dad's funeral home did any contacting that was done and nothing was ever said to me and I really, honestly, never thought about it, like somebody said (sorry, not going back anymore and looking up names, was tired to begin with, long day, but felt the need to do what I've done) was concentrating on funeral, etc.
So, although I do understand, that somewhat unlike, if I can get this out right, what was said, that children aren't responsible for debts; however, the estate is and had dad's had to have been probated and had the SS check had to have been returned, his estate would have been responsible for that being done, meaning me, as his representative, but since it was dispensed with, became a nonissue - except for another issue, which was actually bigger than any one SS, retirement, of VA check, which I may deal with later
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I'm glad, in that sense, that dad's state retirement, isn't the way the Federal is, although wish I'd known it at the time and maybe had he not died until after he got it, which would have been the case had he been a teacher, might have handled things differently, or maybe not, since it was never used to cover expenses, anyway; it was his cash "blow money", if you will, or though, you might say grocery money, etc., which, since I was there, probably was needed more, but think was just taken care of really like per usual with grandson's check that he normally didn't use all of and also, somewhat like dad's SS check, especially at that time, think he still actually had the cash from the check before since he really wasn't getting out and spending like he used to, so pretty much ran at least a month ahead with it, too, although I can remember feeling really funny about going into his wallet and getting his cash, much more so than using his checking account which I knew he'd put me on, but you just never went into his wallet and got his cash, although it had been being done more lately as it was needed but he just wasn't using it - not that he was being taken advantage of, more like letting someone with dementia keep some cash in their wallet to help their feelings, but knowing it's needed so getting some out knowing they won't miss it as long as some is still in there; they have no idea how much they have anymore
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Kathy, I would think they might take back the check you might get "for" the month you died, the one you would get the next month, but not the check you got the month you died.
But then maybe we somewhat did what 1RareFind is talking about; I didn't/wasn't worried about all that at the time; the extra funeral expenses the funeral home brought up I just took care of those then regardless, then I'm not sure my intent was to close dad's account or that's just the way it worked out with, like I said earlier, I just didn't want to see the same thing happen again to his grandson, who'd given up 2 yrs. of his life to take care of dad, especially when the time it took to get things taken care of to begin with at the beginning of him doing that led to it happening in the first place; actually since I was already on his checking account at that time, had I known I may have tried to have done something then, since, like I said, dad's checking account actually ran ahead anyway, but think I didn't, was thinking it was when dad was in the hospital but now thinking not quite yet, so...anyway, that wasn't until almost a month after he passed because I did deal with his will and estate, such as there was of either, first, at least as far as officially probating, at least as much as we did, since, since his was so small, it wasn't actually officially probated but had to be officially dispensed with being probated and get me officially named as representative to take care of what did have to be taken care of. Thankfully dad - and mom - did have preneeds set up; my dad was always one to have good preparations made for things, something I deeply appreciate. But I didn't close out dad's account until after he normally would have gotten his next check - I think - sorry, may be a little off, because that payment may have been due on the first, where his check came on the 3rd, or actually since it was direct deposited maybe on the 2nd but then was a Sunday that year, so maybe not or do that do it before the 1st in that case? can't really remember, but anyway, point being, they definitely had not taken back the check he'd gotten on the 3rd the month before - the month he died on the 7th, so they'd had plenty of time if they were going to but if they were going to later, they were too late because there was then nothing in there.
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igloo, are you talking about the check your mom got on the 3rd of the month she died or since she died so late in the month, did she get one on the 3rd of the next month?
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daugherof1930 - "for" that month being the key word there, not the check issued that month - dad died on the 7th of the month; he was under the old system of all the checks being issued on the 3rd so he'd already gotten his check but of course it was for the month before, anyway, so we kept that one, then he did not get the 3rd of the next month, since the funeral home had informed them and he also did not get the death benefit check - or guess I should say we didn't - those are only for surviving spouses, he got it when mom died but we didn't get one when he died
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My dad passed on the 28th of Feb.. and yep.. back it went. I swear if he knew this he would have hung on one more day!
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ramiller, my question and concern was/is what is considered care, although I do understand what's considered the - I'm thinking you mean assistance with "activities" of daily living - the what's considered the ADL's and not "instrumental" ones, either - at least that's all that's on the Attendant Affidavit form and I happen to know that in the case I was referring to those are being done by the health side, not the relative that has the care contract, so....at least not on a routine basis and I've thought not at all, but I don't want to think what that means, so I'm wanting to think there's another explanation but just wanting to see if anybody knows what I'm talking about
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