Social Security payment taken back after mom died in December - are they correct about 'no benefits in month of death'?

I'm sorry for your loss. SSA's rules about death benefits are confusing, but the general rule is that you're not entitled to a payment for the month of death, regardless of whether the death occurs on the 1st or 31st of the month. Since benefits are paid in arrears (the December payment was for November), they technically shouldn't be asking for that back. The January payment (which would have been for December) is correctly not paid since she passed in December. I would call them back and specifically ask them to explain why they want the November payment (paid in December) returned. Have them cite the specific rule. There might be confusion about which payment they're referring to.

When my dad died last year, they took back his last payment too. I argued with them because he died on the 29th of the month so he was alive almost the ENTIRE month, but they still took it. It's ridiculous!! The SSA person told me it didn't matter if the person died on the 1st day or the last day of the month - no payment for month of death. Period. So frustrating!!!!

This is a common area of confusion. Let me clarify SSA's policy: 1. Benefits are paid the month AFTER they are due (in arrears) 2. You are NOT entitled to benefits for the month in which you die, no matter when in the month the death occurs 3. The check received in December was for November's benefits Based on what you described, if your mother died in December 2024: - The December 3rd payment was for November benefits and should NOT be returned - No January payment should be issued (which would have been for December benefits) If SSA is asking for the December 3rd payment back, there's likely a misunderstanding. Request to speak with a supervisor and have them review the case specifically. Ask them to note in their records exactly which payment month they are referring to when requesting repayment.

She was getting her own benefits for years, then after my dad died, there was some kind of increase because his benefit was higher. Does that change things? The SSA representative didn't mention anything about that being the reason.

i don't understand why the government has to be so complicated with everything! why can't they just let families keep the last check? my grandma died last year and dealing with SS was a nightmare. they kept passing us around to different people and everyone gave different answers. so stressful when ur already dealing with grief!!

Have you tried calling the SSA? I had a similar issue last year when my uncle passed away, and I kept getting busy signals and disconnections for DAYS. Finally found this service called Claimyr (claimyr.com) that got me connected to a real person at SSA in about 20 minutes instead of waiting on hold forever. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. Definitely worth it for something this important where you need clear answers from an actual representative who can look at your mom's specific case.

my mom died in 2023 and they made us give back her last check too. doesnt matter when in the month they die, ss wants that money back. its just how they do things

I work with seniors navigating these issues, and I see this confusion frequently. The key is understanding exactly which payment SSA is requesting back. In your situation: - December 3rd payment = November benefits = Should be kept - No January payment = December benefits = Correctly not paid due to death However, there are some scenarios where the November payment might need to be returned: 1. If there was a processing error and the payment was actually labeled as December benefits 2. If your mother was receiving SSI in addition to regular Social Security 3. If there was an overpayment situation unrelated to her death I recommend requesting a detailed written explanation of exactly which payment month they're referring to when requesting repayment. Also ask for the specific policy citation they're using to justify the request.

did anyone take care of sending back the payment yet? when my grandma died we had to wait for the official letter from ssa before doing anything. and be careful about ur mom's bank account, sometimes they freeze it when someone dies and then u can't access anything!

I'm so sorry for your loss. This is such a frustrating situation to deal with while you're grieving. Based on what you've described, SSA should NOT be asking for the December 3rd payment back since that was for November's benefits and your mom was alive the entire month of November. The fact that she died on December 12th means she's not entitled to December benefits (which would have been paid in January), but November's benefits are rightfully hers. I'd suggest calling SSA back and asking them to pull up your mom's payment history on screen while you're talking. Ask them to tell you exactly which benefit month they're claiming was overpaid. If they say "December benefits," remind them that December benefits would have been paid in January (which you correctly didn't receive). If they insist the December 3rd deposit needs to be returned, ask to speak with a supervisor immediately and request they document in writing which specific benefit month and policy they're citing. Don't let them confuse you with vague statements. You deserve clear answers about your mom's specific case, especially when you're dealing with what sounds like their error or miscommunication.

I'm sorry for your loss. This is a really confusing situation that unfortunately many families face. Based on what you've described, there seems to be an error on SSA's part. The December 3rd payment was for November benefits, and since your mom was alive the entire month of November, that payment should rightfully be hers. Here's what I'd recommend: When you call back, ask the representative to clearly state which benefit MONTH they're claiming was overpaid. If they say "December," remind them that December benefits would have been paid in January (which you correctly didn't receive). The December 3rd deposit was for November benefits. Also, ask them to provide the specific regulation number they're citing for the overpayment. Sometimes representatives get confused about the timing of payments vs. benefit months. Don't be afraid to ask for a supervisor if the first person can't give you a clear explanation. You're absolutely right that this feels unfair - your mom paid into the system her whole life and was entitled to benefits for every month she was alive. Stay firm and ask for documentation of their reasoning. Many times these initial overpayment notices are sent in error.

I'm really sorry for your loss, and I understand how frustrating this must be during an already difficult time. Based on what you've shared, it does sound like SSA may be making an error here. The key thing to remember is that Social Security benefits are paid in arrears - meaning the payment you receive in any given month is actually for the PREVIOUS month's benefits. So that December 3rd payment was rightfully your mom's November benefits, and since she was alive for all of November, that money should be yours to keep. When you call back, I'd suggest being very specific about the dates and asking them to clarify exactly which benefit month they're claiming was overpaid. Don't let them just say "the December payment" - make them specify whether they mean November benefits (paid in December) or December benefits (which would have been paid in January if she had lived). It might also help to have them read back the exact dates on your mom's record while you're on the phone, so you're both looking at the same information. Sometimes these issues come down to simple clerical errors or miscommunication between departments. Stay persistent and don't be afraid to escalate if the first representative can't give you clear answers.

I'm so sorry for your loss. This is exactly the kind of bureaucratic nightmare that makes dealing with grief even harder. From what you've described, SSA is definitely in the wrong here. The December 3rd payment was for November's benefits, and your mom was alive for all of November, so that money is rightfully yours. I went through something similar when my grandmother passed away, and I found that the key is being very persistent and making them explain their reasoning step by step. When you call back, don't accept any vague explanations. Ask them to pull up your mom's account and tell you exactly which BENEFIT MONTH they claim was overpaid - not which payment date, but which actual month of benefits. Here's what I'd do: Write down these questions before you call: 1) Which specific benefit month are you claiming was overpaid? 2) What is the regulation number you're citing? 3) Can you explain why November benefits (paid in December) would need to be returned when she was alive all of November? If the first person can't answer clearly, immediately ask for a supervisor. Sometimes the frontline staff get confused about the timing of payments vs benefit months. Don't let them intimidate you - you're advocating for your mom who paid into this system her whole working life. She earned those November benefits, and you shouldn't have to give them back.

I'm so sorry for your loss. This situation is unfortunately common and very frustrating for families. You're absolutely right to question this - based on what you've described, SSA should NOT be asking for the December 3rd payment back. Here's why: Social Security benefits are paid in arrears, meaning the payment received in December was for November's benefits. Since your mom was alive the entire month of November, she was fully entitled to those benefits. The fact that she passed away on December 12th means she's not entitled to December benefits (which would have been paid in January, and correctly weren't), but November's benefits are rightfully hers. When you call back, be very specific: 1. Ask them to state which BENEFIT MONTH they claim was overpaid (not payment date) 2. If they say "December benefits," remind them December benefits would be paid in January 3. Ask for the specific regulation they're citing 4. Request a supervisor if they can't clearly explain their reasoning I suspect there's either a clerical error or the representative you spoke with was confused about the payment timing. Your mom paid into the system for decades and earned every penny of her November benefits. Don't let them pressure you into returning money that's rightfully yours. Document everything and stay persistent - many families have successfully resolved similar situations once they get someone who understands the actual payment schedule.

I'm so sorry for your loss. This is incredibly frustrating to deal with while you're grieving, and you're absolutely right to question this. From everything you've described, SSA appears to be making an error. The key issue here is understanding that Social Security benefits are paid in arrears - meaning the December 3rd payment was for November's benefits, not December's. Since your mom was alive for the entire month of November, she was fully entitled to those benefits and you should NOT have to return that money. Here's what I'd recommend when you call back: 1. Ask them to specify which BENEFIT MONTH they're claiming was overpaid (not which payment date) 2. If they say "December," remind them that December benefits would have been paid in January (which you correctly didn't receive) 3. Request the specific regulation or policy number they're citing 4. Ask to speak with a supervisor immediately if they can't provide clear answers I suspect the representative you spoke with was confused about the payment timing, or there's a clerical error in their system. Your mom paid into Social Security her entire working life and earned every penny of her November benefits. Don't let them pressure you into returning money that's rightfully yours without a proper explanation backed by actual SSA policy. Many families have successfully resolved similar situations once they get someone who truly understands how the benefit payment schedule works. Stay persistent and document everything. You're advocating for your mom who worked hard and deserved those benefits.

I'm so sorry for your loss. This is exactly the kind of situation that makes dealing with government agencies even more stressful during an already difficult time. Based on what you've described, SSA is definitely making an error here. You're absolutely correct in your understanding - Social Security benefits are paid in arrears, which means that December 3rd payment was for November's benefits. Since your mom was alive for the entire month of November, she was fully entitled to those benefits and you should NOT have to return that money. The confusion seems to be coming from SSA not distinguishing between payment dates and benefit months. When you call back, here's exactly what I'd ask: 1. "Which specific BENEFIT MONTH are you claiming was overpaid - November or December?" 2. "Can you confirm that the December 3rd payment was for November benefits?" 3. "What is the specific SSA regulation number you're citing for this overpayment?" 4. "If you're claiming December benefits were overpaid, can you explain why we would owe money for December when no December payment was ever issued?" If the representative can't give you clear, specific answers to these questions, immediately ask for a supervisor. Don't accept vague statements about "month of death" rules without them explaining exactly which benefit month they're applying that rule to. Your mom paid into this system her entire working life and earned every penny of her November benefits. Stand firm and don't let them confuse you with unclear explanations. Many families have successfully resolved identical situations once they get someone who actually understands the payment schedule.