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?
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
so if you have some specifics as to what healthcare purposes is supposed to be considered, I'd love to hear them
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.
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.
Good luck with all of this red tape.
Depending on the amount it might be worth pursuing. Good luck.
Days of Social Security, but she does not... Not really fair, but it is the system... Hope this helps...