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.