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Can they do this or is this even legal?

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Start by talking to the bank. If they provide "early deposits," then this may be perfectly legal. If they do not, then talk to social security or talk to a lawyer who specializes in elder law.
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Reply to Taarna
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When is your Moms birth day? Mine is near the end of the month so I get my payment the 4th Wed of the month that covers the month before. There is no early checks. My husbands birth day falls in the first week of the month so his payment is received the first week.

I think her payment was pulled too soon and she is entitled to it.
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Reply to JoAnn29
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I suspect this deposit was an early payment for May. The 4th Wednesday in April would have been the 23rd, almost a week prior, so it most likely wasn't the March payment made in April. She was probably one of those receiving SS payments on the 1st of the month and it was credited early.
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Reply to iameli
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SSAretired May 14, 2025
You bring up an interesting point! Banks have been competing to provide the earliest payment date. SSI is “due” on the first of the month, and the earliest SSA payment is “due” on May 2nd (usually due on the 3rd, unless the 3rd falls on a weekend). If the April 29th payment was “due” on the 1st or 2nd, the check needs to be withdrawn from the bank account and is not payable to the estate of the deceased.
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Your mom is entitled to this check because checks are issued a month behind (so it was for March 2025, and she was alive the entire month). The second issue is whether the check due date was after the date of death (in this case, she received the check on April 29 and then died on April 30, so the bank will not return the check).

If a check is returned to bank because SSA must determine to whom the check is to be issued, you must file SSA-1724. Note: if a check is deposited into a joint account with a spouse, the bank will not return the check and the SSA-1724 is not required.
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Reply to SSAretired
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Contact her Social Security office. Since payments occur one month behind, the April payment for March is hers. But further payments must be stopped.

My mother’s SS payments came in November 1st, her birthday. She passed away on Nov 20th, 2014, so she kept her last payment, backdated to Oct. The Dec. payment was stopped.
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Reply to Patathome01
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JanPeck123 May 13, 2025
When my Dad passed on October 19th, they made Mom give back his social security check for October. It was his very first check. The SS office said in order to keep the money, a person has to live all the way thru the month. Same with my Aunt. So, I think they will want April's money returned since she didn't live until May 1st.
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So sorry for your loss. And yes, they will absolutely retract it from your mom’s bank account. My mom passed one day before her as check sent into her account and a couple of weeks later, it was gone.
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Reply to DeannaS
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Sorry for the loss of your mom. I was told that the payment has to be returned on the death month. My mom died on February 22nd
I stopped the check for March. I received a letter telling me to return the overpayment for February. I received another letter telling me I didn't owe any money. They are very disorganized.
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Reply to Onlychild2024
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chestershaba May 13, 2025
Right about that! And she earned her Feb payment because she was alive in Jan. Simple.
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My mother's last payment was sent back by the bank. I had to file a form with SSA. When on a phone call with SSA for the death benefit for my dad, they said banks are too quick to return payments. I had immediately called the bank. Nothing we could do but file the form with SSA which they sent to us a month after. Form SSA-1724-F4 (10-2024) Claim for amounts due in the case of a deceased beneficiary
My mom passed Jan 2025. I sent the form Feb 2025 and have yet to see the payment. Of course SSA personnel have been cut so not sure I can even find out status.
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Reply to RainbowHeart
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My mom's check always appeared 4 days before it was an actual deposit, so the credit union sent it back when she died, it hadn't posted as a deposit, then SSA sent a long form with 8 or 9 pages of questions about heirs, all the way to great grand kids, addresses, social security #s etc. for the family to get that last check. They can keep it, it costs more than it is worth when you have to go that route, imo.

Personally, I think they intentionally make it hard, the banks and the government and I say, "shame on them!" It's already a very difficult time without their bs processes.
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Reply to anonymous749199
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The deposit during a particular month is for the full prior month they were alive. There should not be anything come in May except the $255 death benefit. If a full deposit comes in May the report it immediately.
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Reply to JenJen24
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anonymous749199 May 13, 2025
Jen, you have to apply for the 255.00 death benefit, it doesn't automatically come.
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Yes you have to return the Last social security Payment , Most People are not aware of this .
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Reply to KNance72
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After my Aunt passed away this past January I called SSA to tell them immediately. Yet for the next 2 months they kept depositing her SSI checks into what used to be her checking acct that we shared jointly so technically it became my money). They (SSA) called me up one day and insinuated there was some type of "fraud" going on and I told them that if they'd bother to look in their records they'd see that I called them immediately to inform them of her death. I told them to go ahead to take the money back out, there was enough cash in there to cover it. The wheels of govt grind ever so slowly.
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Reply to Geaton777
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JuliaH May 13, 2025
If I recall, it was the mortuary that notified IRS. They amongst others clawed back payments.
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It’s been my experience with all 4 of our parents that they have taken back that last SS payment when they die that same month . I was told they have to be alive the whole month or SS takes it back . It doesn’t make sense since like said below it’s not paid in advance , but it is what they did. I think they do it assuming you won’t protest .

So because your Mom got a SS check in April and died in April , they took it back , which is wrong . Normally she would not be able to keep the May deposit , I don’t know if it will be different because your mother died the last day of the month .

Let us know what happens .
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Reply to waytomisery
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Patathome01 May 13, 2025
April 30th counts for March so she keeps the money. But May or later payments must return to SS.
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You need to call SS. That check is for March, Mom died in April so not entitled to May's check.

SS is like having a job, you get paid after you have done the work. April 29 (I get mine the same time of the month) payment is March benefits. Her estate is entitled to that money.
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Reply to JoAnn29
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chestershaba May 13, 2025
If that check was indeed, which I doubt going in the 29 th. If for April it goes back. It's too bad, she died 2 days "early". Opm is different they would do partial payment, though it would have to go to heirs...which may be a nightmare SS is trying to avoid since they have problems with simple stuff lol.
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