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

and the same thing for the VA Aid & Attendance check, so when the bills started rolling in for the next month there was no check coming in to pay for them, but like I said, dad's checking account ran about a month ahead - for his bills anyway but of course all bills don't come in at first of the month - okay, now I'm remembering what was actually going on - and why things happened the way they did - grandson had a truck payment he was making out of his A&A of dad's he was getting that was almost paid off - just about one and a half more payments and he'd already had one repossessed at the beginning of dad getting his A&A, when dad went in the hospital just as he'd gotten his first check, which had turned out to be incorrect - the VSO had filed a discrepancy between the application and the caregiver agreement - so somehow there hadn't been the money to make the necessary payment to keep it from happening, so just really didn't want that to happen again, so actually took the ahead in dad's account and withdrew it to pay off the truck - grandson just handled bills best way he could - he did have some wherewithal, means, resources - he did have the retroactive payment that had finally come in saved back - but in doing that I had forgotten about the withdrawals that had been made re those funeral expenses but he must have the overdraft protection, though I doubt it; I really think the bank just did a courtesy thing with him having been such a long-time customer and let us go ahead and have the money because I sure don't think anything was said at the time, not even about closing out the account with taking everything out of it, just maybe a questioning of us doing it but nothing they could about it to stop us and wasn't like he was needing it anymore and I had access to it so had the authority to do it, think they just wondered why but, having said that, yes, it did then get hit with NSF charges.

my dad died on the first of the month but back in l992 the person I talked to to report his passing told me we could keep it.

Regardless of what day you die on, your monthly payment is paid ahead, so you will have to return that money, or Social Security has every right to get their funds back. Stop whining about a little money, and grieve your mother.

Social Security benefits are not paid for the month in which a recipient dies. In
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

igloo, not sure if it was so much insight or just the way it was; dad just didn't spend much money and he sure would hardly spend any until the bills were paid, which the last one didn't come in until almost time for the next check so it just kinda began to be that way, but it sure did work out well, especially, and this might be something to consider - GG didn't say anything about how mom's funeral, if she had one, was taken care of, but dad had prepaid his, except that between the time he had, which had been several years prior, and when he died the local paper had started charged to have the obituary placed, so that hadn't been included in the price and the honorarium for the preachers was not something included either, so those 2 things came out of dad's account, which, thankfully, he had already had me put on, so didn't have any problem there - only my own stupid fault, I forgot about it, since I didn't write checks - and no, not really sure why there either, just with everything going on, was just easier at the time to run to the bank and get it out rather than go back to his house and get the checkbook I wasn't carrying around with me, just happened to be that the bank was between funeral home and his house -

Marcus, grandson taking care of dad was considered healthcare purpose for VA Aid & Attendance; he and the VA had a caregiver agreement - officially known as attendant affidavit - drawn up - now, however, having said that, I'm glad you brought that up because in dad's case, grandson did indeed move in with him and was basically there all the time, gave up his life, means of support, income, etc., pretty much the only time he left was dad did already have a home care worker coming in 2 hrs. a day so he'd leave then, but otherwise, no...however, I know of someone else getting it where that at least wasn't the case, now this week with some stuff that happened with who they'd wanted to get it because they, too, were living with them and helping take care of them they seem to be doing more but I had been concerned along those lines
so if you have some specifics as to what healthcare purposes is supposed to be considered, I'd love to hear them

It will take patience and time to get it back. Depending on the amount you might just want to forego the red tape and forget it. Another example of how these rules are interpreted so differently. Maybe another call at a different date will result in a different answer. Sorry these issues come up at such a sad time for you .

You are correct in that your mother is due the April payment which represented March benefits. She is not due benefits for April payable in May because she didn't live the entire month....a rule set by Congress years ago.

Sometimes SSA has trouble with the reclamation of checks and the dates involved due to the sheer volume of beneficiaries and staggered monthly payment dates.

Complete the SSA-1724 to reclaim the money. This is a common procedure. Attorney involvement isn't necessary.

Debdaughter's insight on running a month ahead is really important if you're getting any type of SS. It can snowball into NSF charges for each attempt if the amount is not there to clawback. For my mom who died almost EOM, the SS clawback (check paid on 3rd of mo.) was within 15 days but her retirement took almost 10 weeks. You just have to hold off and let the funds just sit in the account.

GG, i would suggest your first try get SSA to deal with this as their mistake...so you take your ID, moms death certificate, bank info and last SS awards letter and go in person to SSA to try to get it worked out without filing you the 1724 - it's NOT a phone call issue as anything death /survivors benefits is best done in person at a SSA office. Now if you were eligible on moms SS,(like you got a disabled child benefit) then getting the funds will be pretty straightforward...you fill out the 1724 form and take your ID and an original death certificate & go in person to SSA office & the check will be sent in your name. But if not, the 1724 will require your Letters Testamentary or however your state does an appointment for estates and moms original death certificate in order for a payment to happen. Payment will be issued to "the estate of" so you need an account that is set up for this or just maybe, MAYBE your bank will allow it to go into your bank account if you have Letters issued to you and you sign the back as Jane Smith Jones executor for the estate of Mary Smith.

If you are planning on opening probate anyways, then doing this sooner is better. But sadly if mom died with no assets, nothing requiring legal to transfer, etc. then opening probate or even a muniment of title with court & atty. costs may just not be worthwhile to get that last SS check.

Funny how efficient the government is in matters of money they're paying out to us, and how completely bumbling and inept they are with everything else. Sigh. My Dad died on the 23rd of the month, so SS snatched back his last check as well, then wound up redepositing it a month later.

Good luck with all of this red tape.

Be careful with the VA Aid & Attendance pension as those funds have to be used for healthcare purposes ONLY.

but he had his own house paid off so there was no rent or house payment that had to be made

that didn't happen with us - dad got his checks on the 3rd, like they used to be and he died on the 7th, so his check had already come through, but, like you were saying, they're retroactive anyway, so it was actually for the month prior that he did live that whole month - that was December, check came January, he died that month, so then didn't get one in February; thankfully he ran his checking account about a month ahead, since his grandson lived with him and we were getting the VA Aid & Attendance for him to take care of dad, which he also I don't think was needing all of every month or at least I think somehow managed to not that month, so we were able to cover the next months bills

I believe if the account was not listed as something like Mary Jones payable on death to Susan Smith, you have to wait until her will is probated. Search online for free consumer or legal agency or your state's department of Elder Affairs. My husband did not leave a will, so I cannot cash any checks made out to him.

And according to this answer by a SS employee you are eligible for the March payment that was made in April but not for the April payment to be made in May.

Since SS payments are made for the previous month, and she was alive then I don't see how they can take it back.
Depending on the amount it might be worth pursuing. Good luck.

Lol you would think so but she would have to had lived the entire month or they take every penny back. Our government at work. I am very sorry about your lose and for all your pain through a difficult journey with your mom, I wish I could give you better news

Much sympathy. My Dad's military pension was also snatched back after he passed and it took months to get part of it back. I think all the aces are in their hands. Doesn't seem right but I had to jump through all their hoops. I just tried to find helpful people to work with. Any one else have any ideas?

Unless your mother lived the entire month, she does not get a check... For example: If your mother died on the 10th of the month, one would think that she would get 10
Days of Social Security, but she does not... Not really fair, but it is the system... Hope this helps...