Social Security withheld my deceased husband's last benefit payment - can his estate claim it?
My husband passed away on April 22, 2024, and something weird is happening with his final Social Security payment. His March benefit that was deposited in April got sent back to Social Security, even though he was alive for ALL of March! Shouldn't his estate be entitled to that payment? I filed all the paperwork for his estate back in July (Form SSA-1724 I think?) and haven't heard anything. When I went to the local office in September, they just told me it was "sitting in queue" whatever that means. It's now been over 3 months and still nothing! Does anyone know if there's some rule that disqualifies the estate from his final month's payment? Or is SSA just being incredibly slow? How long should this process take? I'm the executor of his estate and trying to get everything wrapped up but this is holding things up.
18 comments
Omar Zaki
Yes, your husband's estate is absolutely entitled to his March payment. Social Security benefits are paid in the month following the month they are due for, so the March payment received in April was legitimately his since he was alive the entire month of March. Unfortunately, SSA's underpayment claims for deceased beneficiaries can take 4-6 months to process. They have to verify the person filing is the proper payee (executor/administrator) and that all documentation is in order. The fact that they confirmed it's in queue is actually good news - it means they have your claim and it's in process.
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GalacticGladiator
•Thank you for confirming this! Do you know if there's any way to speed up the process? His final expenses are paid, but I'm trying to distribute his assets to the heirs according to his will, and this is one loose end that's frustrating everyone.
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Chloe Taylor
when my dad died last year they took back his last payment too. i think its standard procedure for them to pull back any recent deposits when someone dies and then sort it out later. took us like 5 months to get it back to his estate so your timeline sounds normal tbh
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Diego Flores
•That's not quite right. SSA doesn't just "take back payments" arbitrarily. They reclaim any payment made for the month of death or later, as beneficiaries aren't entitled to payments for the month they die. But they ARE entitled to payments for months they were alive for the entire month. In this case, the March payment (paid in April) should go to the estate since the beneficiary was alive all of March. It's the April payment that would need to be returned since he died in April.
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Anastasia Ivanova
THEY DID THE SAME THING TO ME when my wife died!!! Took back her last check even though she was alive most of that month! I had to fight with them for 6 MONTHS to get it back. The whole system is designed to frustrate you into giving up. Keep calling them EVERY WEEK until they pay what they owe!!
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Omar Zaki
•While I understand your frustration, there is an important distinction here. Social Security benefits are not payable for the month of death, regardless of what day of the month the person died. But they ARE payable for any months before that where the person was alive the entire month. In the case here, the March payment (paid in April) should go to the estate because the deceased was alive all of March. The April payment would not be payable since he died in April.
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Sean Murphy
I'm going through almost the exact same situation with my mom's benefits! She passed in May, and they pulled back her April payment that came on May 3rd. We filed the estate claim in June and still waiting too. One thing I learned - make sure you submitted the correct form. For underpayments to an estate, you need the SSA-1724 form specifically. If you submitted something else, that might be causing the delay. Also, did you include the letters testamentary or other proof that you're the executor? They won't process without that.
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GalacticGladiator
•Yes, I definitely submitted the SSA-1724 along with the court documents showing I'm the executor. The SSA representative confirmed they had everything when I visited in September. It's just frustrating that there's no way to check the status online or get any estimate of when it will be processed.
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StarStrider
I've had success using a service called Claimyr (claimyr.com) to actually reach someone at Social Security when dealing with my father's estate issues. They got me through to a real person in under 20 minutes when I had been trying for weeks on my own. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU For estate issues like this, speaking with someone directly can often help identify if there's a specific hold-up or missing document that's causing the delay. Much better than just waiting indefinitely.
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GalacticGladiator
•Thanks for the tip! I've been trying to call but always give up after being on hold forever. I'll check this out because at this point I just want to speak to someone who can tell me what's going on with the claim.
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Zara Malik
my condolences for your loss. this happened to my neighbor and they eventually got the money back but it took forever. something about how they have to verify everything twice for estates. have you tried calling the national number? sometimes they can see more info than the local office people
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Chloe Taylor
•calling SSA is the worst tho. i tried for my dad and gave up after 2 hours on hold. ended up just waiting it out
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Diego Flores
To clarify the rules here: 1. Social Security benefits are paid in arrears (the payment for March comes in April) 2. A beneficiary must be alive for the ENTIRE month to be entitled to that month's payment 3. Since your husband was alive all of March, his estate is entitled to the March payment 4. The proper form for estate underpayments is SSA-1724 5. Processing time for underpayments to estates typically takes 4-6 months One thing to check: did SSA actually receive the funds back from the bank? Sometimes there's a delay if the bank hasn't returned the reclaimed funds to SSA yet. The claim won't process until they've confirmed the funds are back in their system. It sounds like you've done everything correctly. At this point, I would suggest calling the national number (1-800-772-1213) and specifically asking if there are any notes about why the claim is delayed or if there are any issues with the documentation.
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GalacticGladiator
•Thank you for this clear explanation. The funds definitely went back to SSA because I can see the withdrawal from his bank account. I'll try calling the national number again, though I've had trouble getting through in the past. Maybe I'll try early in the morning.
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Sean Murphy
Sorry I'm a bit confused... So the check for March (received in April) should go to the estate, but the check for April won't be paid at all because he died during April? Is that correct? Just trying to understand how this all works for when I need to deal with this someday.
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Omar Zaki
•You've got it exactly right. Social Security pays benefits for a month in the following month. To be eligible for a month's benefit, a person must be alive for the entire month. So: - March benefit (paid in April): Estate is entitled because he was alive all of March - April benefit: Not payable to anyone because he died during April This is why SSA often pulls back payments automatically when a death is reported - they're checking if the person was eligible for that payment. Then the estate needs to reclaim it through the underpayment process if they were indeed eligible.
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Anastasia Ivanova
Update us when you finally get this resolved! These bureaucrats need to be held accountable for making grieving families jump through hoops for money they're owed!!!
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Zara Malik
•i know it feels that way sometimes but the ssa workers are usually trying their best with limited resources. my sister works for ssa and says they're severely understaffed and the systems are super outdated. not making excuses but theres usually not some conspiracy to deny benefits
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