Can nephew receive deceased uncle's final Social Security payment when denied? Need appeal advice

The government will mess with you every time!! They denied my mother-in-law the same thing when her brother died. We spent HOURS trying to call them and got nowhere. They have all these "rules" but I think they just don't want to pay out!! Did you keep all the receipts for the funeral and everything? You might need those.

There's actually a specific order of priority for who can receive the underpayment (final payment) when someone dies. It goes: 1. Surviving spouse who was living with the deceased 2. Surviving spouse who wasn't living with deceased 3. Children 4. Parents 5. Legal representative of the estate As a nephew, you don't fall into the first 4 categories. However, if you're handling your uncle's estate, you could potentially qualify under category 5. Did you apply as a relative or as a representative of the estate? That makes a big difference here.

same thing happened with my aunt when she died last year. i took care of her and paid for everything but they wouldnt give me her last check. my cousin who didnt even talk to her for 10 years got it because hes her son. its all about who is related not who helped. really stupid system IMO

The denial is technically correct based on SSA's rules, but you may have another option. The underpayment (last payment) follows a strict order of eligible survivors as defined in the Social Security Act. However, since you paid for the funeral expenses, you might qualify to receive reimbursement up to the amount of the underpayment if you can establish that you're the legal representative of the estate. This would require: 1. Getting appointed as the administrator/executor of the estate 2. Reapplying for the underpayment as the legal representative 3. Providing documentation of your appointment Another option is filing for reimbursement of burial expenses (up to $255) if that wasn't already paid out to someone else. This is a separate payment from the underpayment. You have 60 days from receiving the denial letter to appeal.

My cousin went through this whole thing and the $255 death benefit is different from the last monthly check. The death benefit goes to spouse or dependent child only, so you probably can't get that either. Sorry about your uncle.

I had to deal with this exact situation when my cousin passed. After getting nowhere with the local office, I was disconnected 5 times trying to call the national number and wasted 3 days on hold. I finally used a service called Claimyr to get through to a real person at SSA. They connected me directly to an agent who explained all my options and helped me file as an estate representative. Worth every penny considering the hours of frustration it saved me. You can see how it works here: https://youtu.be/Z-BRbJw3puU - their website is claimyr.com The SSA rep explained I needed to file an SSA-1724 form and include documentation showing I was handling the estate, even without formal probate. That made all the difference.

So sorry about your uncle and this frustrating situation. It's always sad when the people who actually provide care get overlooked by the system. Have you considered talking to the funeral home director? Ours was surprisingly knowledgeable about Social Security stuff when my grandmother passed.

Coming back to add more info - if your uncle's estate is small enough, many states have simplified procedures for small estates that don't require full probate. You might be able to file a small estate affidavit (the name varies by state) which would legally establish you as the person handling the estate. With that documentation, you could then appeal the SSA decision by providing evidence that: 1. There's no surviving spouse, children, or parents 2. You're the legal representative of the estate 3. You paid the burial expenses You'll need to file the appeal within 60 days of receiving the denial letter. Be sure to include copies of all relevant documentation.

MAKE SURE you file the appeal in time!! SSA is super strict about deadlines and they'll deny you automatically if you're even one day late. We tried to appeal something for my dad and they rejected it because we were 3 days past their stupid deadline. The whole system is rigged!!

I went through something similar when my grandfather passed away. The key thing to understand is that SSA has very strict rules about who can receive underpayments, but there are legitimate ways to work within the system. Since you mentioned your uncle had no spouse or children, and you've been handling his affairs, your best bet is definitely to establish yourself as the legal representative of his estate. Even for small estates, this gives you the legal standing SSA recognizes. A few practical tips from my experience: 1. Contact your county probate court or clerk's office ASAP - they can walk you through the small estate process for your state 2. Keep detailed records of all expenses you paid on his behalf (funeral, medical bills, etc.) 3. When you reapply, be very clear that you're applying as the "legal representative of the estate" not as a "relative who paid expenses" The 60-day appeal deadline is real and they don't mess around with it. If you're running short on time, file the appeal first to preserve your rights, then work on getting the estate documentation together. It's frustrating that the system doesn't automatically recognize the people who actually provide care, but there are legitimate pathways if you know how to navigate them. Don't give up - you have valid options here.

I'm so sorry for your loss and the additional stress this bureaucratic maze is putting you through. What you went through caring for your uncle shows real dedication, and it's heartbreaking that the system doesn't recognize that. From what I'm reading in the other responses, it sounds like you have a solid path forward through establishing yourself as the estate representative. I wanted to add one more thing that might help - when you do file your appeal or reapplication, consider including a brief letter explaining the circumstances. Sometimes having a human story attached to the paperwork can make a difference, especially since you were his primary caregiver. Also, if your uncle received any veterans benefits or had any other federal benefits, those agencies sometimes have different rules for final payments that might be worth looking into. Keep pushing forward - you clearly cared deeply for your uncle, and you deserve to have your expenses covered. The system is complicated but not impossible to navigate when you know the right steps.

I'm really sorry for your loss and the frustration you're dealing with on top of everything else. Your dedication to caring for your uncle during his final months is truly admirable. Based on what everyone has shared here, it sounds like you have legitimate options to pursue this. The estate representative route seems like your strongest path forward, especially since there are no higher-priority survivors. One thing I'd add - when you're gathering documentation for the small estate process, make sure to include any evidence that shows you were acting on your uncle's behalf during his lifetime (bank records showing you paid his bills, medical appointment records, etc.). This can help establish that you were already functioning as his informal representative before his death. Also, if you do use a service like the one mentioned to get through to SSA, it might be worth having them confirm exactly which forms you need and what documentation they'll accept as proof of your estate representative status before you submit everything. The 60-day deadline is crucial, but don't let the time pressure force you into filing incomplete paperwork. As someone mentioned, you can file the appeal first to preserve your rights while you're getting the estate documentation together. Wishing you success with this process - you clearly went above and beyond for your uncle and deserve to be reimbursed for those expenses.