Do we have to return Social Security payment received after parent died but before SSA knew about death?
My 87-year-old father passed away on January 28th, and we didn't notify Social Security immediately (honestly, it was the last thing on my mind during that difficult time). His February SS retirement payment of $2,375 was direct deposited into his account on February 3rd as usual. Now I'm worried - do we have to return this payment since he wasn't alive for any of February? The funeral home said they would notify SSA about his death, but obviously that didn't happen before the payment was made. Will SSA automatically request the money back? Is there a grace period? I'm worried about penalty fees if I don't handle this correctly. Has anyone dealt with this situation before?
16 comments
Carmen Diaz
Sorry for your loss. Yes, you have to return the payment. SSA pays benefits for the PREVIOUS month, not current. So Feb payment was actually for January, which he was alive for (mostly). It's the MARCH payment you'd have to return if it came through.
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Yuki Tanaka
•Wait, are you sure about that? I thought Social Security pays for the current month, not the previous one. So February's payment would be FOR February, which he wasn't alive for. I'm really confused now.
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Andre Laurent
First, I'm very sorry about your father. The previous commenter is incorrect. Social Security benefits are paid for the current month, not the previous month. Since your father passed away in January, he was not entitled to benefits for February. So yes, that payment will need to be returned. The proper procedure is to notify SSA of the death (which you mentioned the funeral home was supposed to do), and they'll send instructions about returning the payment. If it was direct deposit, they sometimes can reclaim it automatically from the bank. Don't spend that money. If the bank account is solely in your father's name, the bank might freeze it when they learn of his death. You won't face penalties as long as you don't spend the money and cooperate with the return process.
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Yuki Tanaka
•Thank you for clarifying. I was pretty sure I needed to return it, but wanted to double check. The account is a joint account that I shared with my dad, and it hasn't been frozen yet. Should I call SSA directly or wait for them to contact me?
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AstroAce
When my mom died last year, we had a similar situation. SSA eventually pulled the money back automatically about 6 weeks later - it just disappeared from her account one day with a note saying "Treasury reclamation" or something like that. But you should still report his death to SSA yourself and not wait for the funeral home - sometimes they forget or take forever. Just call and let them know.
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Zoe Kyriakidou
•Haha good luck calling SSA! I've been trying for WEEKS and can't get through. Always says "all representatives are busy" and hangs up on me. So frustrating!
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Jamal Brown
I had to deal with this exact situation when my grandmother died. If it's a joint account, it's especially important that YOU contact SSA directly instead of waiting. The reclamation can happen automatically, but sometimes it doesn't. If it doesn't and then gets discovered during an audit years later, there could be penalties and interest. I found out the hard way. I recommend using Claimyr (claimyr.com) to get through to a live person at SSA quickly. It saved me hours of frustration trying to reach them. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Worth it to get this resolved properly.
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Yuki Tanaka
•Thank you for the recommendation! I'll check it out. I've tried calling SSA twice already and couldn't get through. I definitely want to get this handled correctly to avoid any problems down the road.
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Mei Zhang
I work as a financial advisor specializing in retirement planning. Here's what you need to know: 1. Social Security benefits are paid in the current month they're for (unlike some pensions that pay a month behind). 2. When someone dies, they are not entitled to benefits for the month of death UNLESS they die on the very last day of the month. Since your father died on January 28th, he was not eligible for February's payment. 3. SSA will reclaim the payment, usually through the Treasury Department directly from the financial institution. 4. You should report his death to SSA as soon as possible (don't rely on funeral homes as they sometimes delay). 5. If you have power of attorney or are the representative payee, you're legally required to return the funds. Not doing so could potentially be considered fraud. I recommend calling SSA directly to report the death if it hasn't been reported yet. This is not something you want to leave unresolved.
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Carmen Diaz
•OOPS my bad, got it backwards! Thanks for setting it straight. I was thinking of my pension which pays for the previous month.
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Liam McConnell
WHATEVER YOU DO DONT SPEND THE MONEY!!!!! My uncle died and my aunt spent his last SS check and they came after her HARD!!!!! They took it out of HER social security check for like 6 months to get it back. The government always gets their money back!!!
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Yuki Tanaka
•I definitely won't spend it. I just want to make sure I'm handling everything correctly. It sounds like I need to be proactive about contacting them rather than waiting.
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AstroAce
One thing nobody mentioned - if your dad was married, his spouse might be entitled to a one-time death benefit of $255. Not much, but it's something. You should ask about that when you call SSA.
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Yuki Tanaka
•Thanks for mentioning that. My mom passed away 5 years ago, so I guess that benefit wouldn't apply in our case. I appreciate the thought though.
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Andre Laurent
Since you had a joint account with your father, here's what will likely happen: SSA will notify the Treasury Department, which will then send a reclamation request to the bank. The bank will then debit the account for the amount of the payment. This typically happens within 1-3 months after they've been notified of the death. If you've already reported the death to SSA by phone, you've done what you need to do. Just make sure that money remains in the account. If you want extra reassurance, you can visit your local SSA office in person with a copy of the death certificate.
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Yuki Tanaka
•Thank you for explaining the process. I'll make sure to keep enough money in the account to cover the reclamation. I haven't been able to get through to SSA by phone yet, but I'll keep trying (or use that Claimyr service another commenter mentioned). I appreciate everyone's help during this difficult time.
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