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

boquacz is correct. My mother died on April 29th, 2014. Her April Soc. Sec. check had been automatically deposited in early April. In taking care of her affairs, I had to write a check to the SSA refunding the full amount of the April check.

We all need to better inform ourselves about Social Security. I especially recommend the free SSA booklet "What Every Woman Should Know", SSA publication No. 05-10127.

There's been so much said on this i'm not sure what's really true and what's not. I heard that Social Security will claw the money back out of the account when they find out the recipient died, but I don't know how true this is. However, you're going to need money to pay the funeral home for the disposition, so I would take whatever money you need for that purpose and deal with everything else later. Usually when someone dies, the top priority is making arrangements and paying the funeral home. I know the next thing to do as a secondary priority is to close the account if you happen to be over the affairs of this person. There are other things that follow such as dealing with any wills and estates the person had, but right now just focus on the final expenses and getting the persons arrangements done. What you want to do now is to see if the person had a preneed set up to help you to know what they want. Preneed prevents any undue burdens on the family, because the family will already have enough to deal with without having to also make funeral arrangements. Right now I wouldn't worry so much about Social Security as I would the funeral arrangements. The funeral is again, ate the top priority over everything else.

I forgot to mention something:

From what you described, here is what I would do if you ever face this situation again with a joint account. You mentioned you should've been able to keep the last check before Social Security snatched it back. What I would do next time as soon as you learn the person on your account died is go straight to the ATM or to the bank and withdraw all the money, close the current account, and open a new one elsewhere. Keep only the minimum opening amount in the new account until everything is settled, but keep the rest of the cash in a safe place for absolute necessary expenses during this type of emergency, because this is definitely an emergency situation. Sometimes you just have to do what you have to do to get things done and deal with other things later after the top priorities are done

Regarding SS checks which were on direct deposit to a bank: Generally they take back the check you got in the month you died, and at a later time issue a death benefit of $250. This seems like a system which should be redesigned to make more sense and yet be fair. I would suggest take back an amount pro-rated for the days you were still alive, and skip the death benefit. Most people would come out ahead and there would be fewer steps and categories.

When I became eligible, I turned 62 in Jan., then Feb. was the qualifying month..... meaning the next month (march) I received the check. That check was payment for Feb. So FOR ME the check I get this month is payment for last month because I survived it! I was told SS does it that way now so they do NOT have to take back money from people. So it would depend on which system someone is on..... I know I am not explaining it right but...
When my husband died the money was not deposited that month, and it should have been. I did get it a few months later, something about it had to be deposited in my name as beneficiary. Sorry I can't explain plainer.

No....I just had the satisfaction of throwing it in her face. I told her I wasn't afraid of her and didn't need her money as the rest of these poor souls were in here for. It makes me sick when I see the elderly who are so afraid the government is going to "cut them off" that they will wait for hours and put up with degradation from people such as she. I am assuming she will explain her attitude to God.

Don't know about SS, but I do know for a fact that if a person is a Federal Annuitant, it doesn't matter when during the month they die, the entire month has to be refunded to the Government. For example, if the annuity payment is deposited into the checking account on the first of the month (and potentially spent during that month), but the person dies on the last day of that same month, all the payment has to be refunded to the Feds... Just the way it works!

Sorry for your loss. Just call Social Security 1-800-772-1213 (TTY 1-800-325-0778). They don't bite and can give you the correct answer. Even though SS pays in arrears , you do have to live so many days out of a month and then it will be related to her payment date. Good luck.

When u start collecting they tell u that your check is for the month before so yes, I think it should be kept. But, I have heard that it depends on the day you pass. Your Mom passed before the check was deposited. Its really weird how it works.

The same happen to me Momma passed 03/27/16 the check for May 2016 was direct deposit on 05/03/16. It was snatched back on 05/10/16. Let them keep it.

The 05/03/16 payment represented benefits for 04/16. Your mother was not alive in 04/16 so that is why the payment had to be reclaimed (snatched back).

Now this sounds logical. Your Mom died in March and received check in April? If so she is not entitled to May, its April money. Your Mom wasn't alive in April.

I see that the links I included were deleted by the site. But just google and you will see that you are owed her March payment.

AmyGrace you are correct that the check you received in March was for February.

Almost the same exact thing happened with my mom and they took it all back. That sucks but its the government so what chance do we have. Mom lived til the 27th of July and of course her check was deposited on Aug 3. Took them almost a month but snatched it back which I was afraid they would so I never used any of it for her final expenses. Glad I didn't I would have had to dig up that money which I would not have had. There was supposed to be a death benefit from them but I never saw any of that. Its only like $250.00 but hey it would have helped.

So, you want money from the government for 17 days that your mother had been deceased?

Good luck with that.

Tooyoung: that is mean.

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

The SS site says, the month that the person dies will not be paid out. So, if the die the last day of the month, they won't get a check the next month even though they lived the whole month. So, since a check received in April is actually for March and if u die in March a check will not be received in April. If it is recieved because, it will be taken back. The person who claims they never saw the death benefit, check with the funeral director. They make SS aware of the death so may have received the benefit to help offset funeral expenses. For those who r upset that the SS was needed to pay bills...if the money is not there, then the bills can't get paid. Its not up to the children or excutor to pay them. I think u just need to prove thereis no money in the estate to pay for debts.

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

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!

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

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?

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.

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

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

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.

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.

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.

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.