Social Security won't return my deceased husband's last check - Form 1724 nightmare for 10+ months
I'm completely at my wit's end trying to recover my late husband's final Social Security payment. He passed away unexpectedly last October, and his final SS check (about $2,150) was deposited three days after his death. Then SSA pulled it back from our joint account a day later. I've submitted Form 1724 TWICE now to try to get this resolved: - First time (Dec 2024): Dropped it in the collection box at our local office. They claimed they never received it. - Second time (April 2025): Hand-delivered it to a representative at the SSA office. It's now been over 5 months with zero response. I even contacted my congressman's office 7 weeks ago for help, and I haven't heard a peep from them either! I understand they need to reclaim benefits for the month someone dies, but I thought surviving spouses were entitled to the last check? I've made countless phone calls, waited HOURS on hold, and keep getting nowhere. Has anyone successfully navigated this nightmare? What else can I do at this point?
30 comments


Zara Shah
There's a lot of confusion about this. As a surviving spouse, you're entitled to a one-time death benefit of $255, but not the last month's check if he passed before the last day of the month. SSA's policy is to reclaim the payment for the month of death, regardless of when in the month the person died. That said, Form 1724 is actually for underpayments, not the death benefit. For the $255 death benefit, you should have filed Form SSA-8 instead. Did anyone at SSA explain this to you?
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Sean Flanagan
•Wait, what? The SSA rep specifically told me to fill out Form 1724 for this situation! My husband died on October 28th, so he was alive most of the month. Are you saying they STILL take back the entire payment even though he was alive 28 days that month? That seems incredibly unfair. And yes, I already received the tiny $255 death benefit months ago - this is about his actual final monthly payment.
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NebulaNomad
They absolutely DO take back the entire month's payment regardless of when the person died. If someone passes on the 1st or the 30th, SSA still takes back the entire month's benefit. It's one of those awful policies that feels completely unfair but is how the system works. My father passed on the 29th day of the month and they still took back his whole payment.
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Luca Ferrari
•This is correct. Social Security benefits are paid in arrears, meaning the October payment is actually for September. So if your husband passed in October, the payment for October (paid in November) isn't due. The payment deposited after death was likely the September payment (paid in October), which you are entitled to keep. The confusion might be about which month's payment was reclaimed. It's worth checking your bank statements to confirm which payment date was withdrawn.
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Sean Flanagan
I just double-checked my bank records. His last deposit was made on November 3rd (he died Oct 28), and they pulled it back on November 5th. So they took back his October payment that arrived a few days after his death. Does that change anything about my situation?
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Luca Ferrari
•Yes, that changes everything! If he died in October, and they took back his October payment (received in November), they made a mistake. That payment was for September (since benefits are paid a month in arrears). You ARE entitled to keep that payment. Your Form 1724 for underpayment is the correct form in this case. The SSA owes you that payment because he was alive for all of September.
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Nia Wilson
OMG the EXACT same thing happened to me!!!! My wife passed and they yanked back her last check even though i was told i could keep it! The 1724 form is such a JOKE - i submitted 3 times and nothing happened. SSA is completely BROKEN!!! They dont care about us at all!!
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Mateo Martinez
•Sorry you went through this too. Did you ever get it resolved? I'm on month 7 of trying to reach someone at Social Security who can actually help. Every time I call I wait 2+ hours only to be disconnected or told to call back later. It's absolutely infuriating!
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Aisha Hussain
This might be a dumb question but have you tried visiting your local SSA office in person again? Sometimes that's the only way to get anything done with them. Bring all your documentation, including bank statements showing the deposit and withdrawal, death certificate, marriage certificate, and copies of the Form 1724 you submitted.
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Sean Flanagan
•Not a dumb question at all. I've been to the office in person 3 times now! Each time they tell me it's "processing" and there's nothing they can do to speed it up. Last time the rep couldn't even find any record of my previous submissions in their system, which is why I had to submit the form AGAIN. It's like they're deliberately making this difficult.
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Mateo Martinez
I had a similar issue trying to reach someone at SSA about my widow's benefits last year. After weeks of failed attempts, I found a service called Claimyr that got me through to an actual SSA agent in under 2 hours (instead of days of trying). It really saved me so much stress. They have a demo video at https://youtu.be/Z-BRbJw3puU if you want to see how it works. Their website is claimyr.com - might be worth checking out since you need to actually talk to someone who can look into your specific case.
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Sean Flanagan
•Thank you! At this point I'll try anything. The most frustrating part is how impossible it is to speak to the same person twice. I explain my situation over and over to different agents who each give slightly different answers. I'll check out that service because I just need to get this resolved.
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Ethan Clark
teh congressmans office should help!! mine was AMAZING when i had problems with SS. call them again maybe? sumtimes they need a reminder or maybe they lost ur info. they have special ppl who only deal with SS problems
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Sean Flanagan
•I'll try contacting my congressman's office again tomorrow. I spoke with an aide who took all my information, but maybe I need to be more persistent. At this point, I just want closure on this whole mess.
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Luca Ferrari
I'd recommend three specific actions: 1. File a formal appeal using Form SSA-561-U2 (Request for Reconsideration). This creates a different tracking process in their system. 2. Request a copy of your deceased husband's benefit payment history through a Freedom of Information Act (FOIA) request. This documentation shows exactly what payments were made and reclaimed. 3. When you speak with SSA again, specifically ask for a "Technical Expert" who specializes in survivor benefits and underpayments. Regular claims representatives often don't have the specialized knowledge for these situations. Persistence is unfortunately necessary with SSA, especially for widows and widowers dealing with end-of-life benefit issues.
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Sean Flanagan
•Thank you so much for these specific suggestions! I didn't know about Form SSA-561-U2 or that I could request a Technical Expert. I'll definitely file the reconsideration form ASAP. Do I need to bring anything special for the FOIA request, or can I just ask for that at the SSA office?
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Luca Ferrari
For the FOIA request, you can submit it through SSA's website, but I recommend bringing a written request to the office that specifically states you're requesting "a complete benefit payment history for [husband's name and SSN] for the period of [relevant months]". Note that you're the surviving spouse and include your relationship and contact information. Keep a copy and ask for a receipt or confirmation that they received it. Also important: when you speak with the Technical Expert, make sure they understand that the issue is specifically about a payment for a month when your husband was alive for the entire month, which was erroneously reclaimed after his death. This is different from the standard "month of death" payment situation.
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Sean Flanagan
•This is incredibly helpful - thank you! I just made an appointment for next Tuesday, and I'm preparing all the documentation you suggested. I feel like I finally have a concrete plan instead of just spinning my wheels. I'll update here if I make any progress!
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PixelPioneer
I'm so sorry for your loss and the additional stress SSA is putting you through during an already difficult time. Based on what you've shared, it sounds like you have a strong case since your husband was alive for the entire month of September (the payment they reclaimed was for September, paid in October). One thing that might help while you're pursuing the formal channels is to document everything meticulously. Keep a log of every phone call, visit, and submission with dates, times, and the names of representatives you spoke with. This creates a paper trail that can be invaluable if you need to escalate further. Also, don't give up on your congressman's office - they often have dedicated staff for Social Security issues who can cut through the bureaucracy. If you haven't heard back in 7 weeks, definitely follow up. Sometimes a simple call from their office can move things along much faster than individual efforts. You're doing everything right by being persistent. The system is frustrating, but you deserve that payment and shouldn't have to fight this hard for it.
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Connor Gallagher
•I completely agree with keeping detailed documentation - that's such important advice that I wish I'd started doing from day one! I've been kicking myself for not writing down names and reference numbers from my early calls. One thing I learned the hard way is that SSA representatives sometimes give you a "receipt number" or "inquiry number" when you call - always ask for this and write it down. It helps the next person you speak with track what was discussed previously. Also, when you do follow up with your congressman's office, be specific about the timeline and what you need. Something like "I contacted your office 7 weeks ago about a Social Security underpayment issue and haven't received an update. Can you please check on the status and let me know next steps?" Sometimes they just need a gentle nudge to prioritize your case. @Sean Flanagan - you re'definitely not alone in this fight. The system is broken, but your persistence will pay off eventually. Keep us posted on how your Tuesday appointment goes!
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Nia Williams
I'm really sorry you're dealing with this bureaucratic nightmare on top of grieving your husband. Reading through this thread, it's clear you're absolutely entitled to that September payment since your husband was alive for the entire month. One additional step that might help: consider filing a complaint with the SSA Office of the Inspector General (OIG) online at oig.ssa.gov. They investigate cases where SSA isn't following proper procedures, and your situation - where forms are being "lost" and you're getting contradictory information - sounds like it could benefit from their oversight. Also, when you go to your Tuesday appointment, ask to speak with a supervisor or manager if the regular representative can't resolve this. Don't leave without getting a clear timeline for resolution and a direct contact number for follow-up. You've been more than patient with this process. After 10+ months, you deserve answers and action, not more runaround. Stay strong - you're fighting for what's rightfully yours.
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Dmitry Volkov
•Thank you for mentioning the OIG complaint option - I had no idea that was available! After reading everyone's advice here, I'm realizing I've been way too passive with this whole process. Filing a complaint about the "lost" forms and contradictory information makes perfect sense. I'm definitely going to ask for a supervisor on Tuesday and won't leave without concrete next steps. It's encouraging to hear from so many people who understand how broken this system is, but also that there ARE ways to get results if you know the right steps to take. I'll make sure to file that OIG complaint this week too. At this point, I think SSA needs some external pressure to actually follow their own procedures. Thanks for the support and practical advice!
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Ava Rodriguez
I'm so sorry you're going through this nightmare, Sean. What you're describing is unfortunately all too common with SSA, but you absolutely should not give up. Based on your timeline, you have a legitimate claim to that payment. A few additional suggestions that might help: 1. When you visit on Tuesday, bring multiple copies of everything and ask them to stamp one copy as "received" for your records. This prevents future claims that they "never got" your paperwork. 2. Consider reaching out to your state's Protection and Advocacy agency or local legal aid society. Many have specialists who deal specifically with Social Security issues and can provide free assistance. 3. If all else fails, you might want to consult with a Social Security disability attorney who handles survivor benefits. Many work on contingency and can navigate the system more effectively than individuals. The fact that you're still fighting after 10+ months shows incredible strength during what must be an incredibly difficult time. Keep pushing - you're entitled to that payment and shouldn't have to jump through these hoops to get it. Please do update us after your Tuesday appointment!
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Chris King
•This is such solid advice! I especially appreciate the tip about getting copies stamped as "received" - that's something I definitely should have been doing from the beginning. The idea of reaching out to a Protection and Advocacy agency or legal aid is really smart too. I hadn't considered that there might be free specialists who deal with exactly these types of SSA problems. After reading through all these responses, I feel like I finally have a comprehensive game plan instead of just hoping the next phone call will magically fix everything. The combination of the formal appeal process, OIG complaint, and potentially getting legal advocacy support gives me multiple angles to approach this from. @Sean Flanagan - I m'rooting for you at that Tuesday appointment! With all the specific steps and forms people have mentioned here, you re'going in much better prepared than before. Don t'let them brush you off with vague promises about processing "-" you deserve concrete answers and timelines after everything you ve'been through.
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Aisha Ali
I'm heartbroken reading about your situation, Sean. Losing a spouse is devastating enough without having to fight the SSA bureaucracy for months just to get what's rightfully yours. From everything you've described, you have a rock-solid case. Your husband was alive for all of September, so that payment (received in October after his death) should absolutely be yours to keep. The fact that SSA "lost" your forms multiple times and gave you contradictory information is completely unacceptable. I went through something similar with my mother's benefits last year, and what finally worked was escalating to multiple levels simultaneously. Don't just rely on one approach - hit them from every angle: - File that Form SSA-561-U2 for formal reconsideration - Submit the OIG complaint online about the mishandled paperwork - Have your congressman's office put pressure on them - Document absolutely everything going forward The key is creating multiple paper trails so they can't ignore you or claim things got "lost" again. You've been incredibly patient for 10+ months, but now it's time to be assertive and demand the resolution you deserve. Wishing you strength for Tuesday's appointment. Don't accept any more vague responses - you need concrete action and timelines. Keep fighting!
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Bethany Groves
•Thank you so much for this incredibly helpful breakdown, Aisha. You're absolutely right about hitting them from multiple angles - I've been too focused on trying one approach at a time instead of creating pressure from different directions simultaneously. I'm printing out all the advice from this thread and bringing it with me on Tuesday. Having specific form numbers (SSA-561-U2), knowing to ask for a Technical Expert, and understanding the multi-pronged approach gives me so much more confidence going into that meeting. It's both comforting and infuriating to hear that others have gone through similar battles with SSA. Comforting because I know I'm not crazy for thinking this should be straightforward, but infuriating that this broken system puts grieving families through such unnecessary stress. I'll definitely update everyone after Tuesday's appointment. Thank you all for turning what felt like an impossible situation into something that actually has clear action steps. This community has been more helpful than 10+ months of dealing with SSA directly!
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Miguel Herrera
I'm so sorry for your loss and the incredibly frustrating experience you're having with SSA. What you're going through is unfortunately very common, but that doesn't make it any less maddening. Based on your timeline, you absolutely have a valid claim. If your husband passed on October 28th and they reclaimed the payment that arrived November 3rd, they took back his September payment - which he was alive for the entire month to earn. That payment is rightfully yours. Here's what I'd recommend for your Tuesday appointment: - Bring bank statements showing both the deposit and withdrawal - Request to speak with a "Technical Expert" who specializes in survivor benefits - Ask for all interactions to be documented with case numbers - Don't accept vague promises - demand specific timelines Also consider filing a complaint with the SSA Office of Inspector General at oig.ssa.gov about the lost paperwork and contradictory information you've received. After 10+ months of runaround, you need external pressure to get this resolved. Stay strong - you're fighting for what's rightfully yours, and persistence will eventually pay off. Please keep us updated on how things go!
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Javier Mendoza
•This is such a comprehensive action plan, Miguel! I really appreciate how you've laid out the specific steps for Tuesday's appointment. The combination of bringing bank statements as concrete proof, requesting a Technical Expert, and demanding documented case numbers with timelines sounds like exactly the approach I need to take. I'm definitely going to file that OIG complaint this week too. After reading everyone's responses here, I realize that the "lost" paperwork and contradictory information I've received isn't just incompetence - it's a pattern that needs to be officially documented and investigated. It's amazing how this community has given me more actionable advice in one thread than I've gotten from SSA in 10+ months. I'm going into Tuesday's meeting feeling prepared and confident instead of just hoping for the best. Thank you all for the support and practical guidance - I'll make sure to update everyone on the results!
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Oliver Cheng
I'm so sorry for your loss and the incredible frustration you're experiencing with SSA. As someone who has helped family members navigate similar survivor benefit issues, I can tell you that your situation is unfortunately common but absolutely solvable. Based on your timeline, you have a very strong case. Your husband passed on October 28th, and the payment they reclaimed (deposited November 3rd) was for September - a month he was alive for entirely. That payment is rightfully yours. For your Tuesday appointment, I'd recommend bringing: - Bank statements showing the deposit and withdrawal - Death certificate and marriage certificate - All previous Form 1724 submissions (copies) - A written timeline of all your attempts to resolve this Most importantly, ask to speak with a "Technical Expert" who specializes in survivor benefits - regular representatives often lack the expertise for complex underpayment cases like yours. Don't accept vague promises about "processing" - demand specific timelines and case reference numbers. Also consider filing a complaint with the SSA Office of Inspector General (oig.ssa.gov) about the lost paperwork and contradictory information. After 10+ months, you need external pressure to cut through the bureaucracy. You've shown incredible persistence during an already difficult time. Keep fighting - you deserve that payment and shouldn't have to jump through these hoops to get it. Please update us after Tuesday's meeting!
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Logan Scott
•Oliver, this is such a thorough and helpful response! I really appreciate how you've broken down exactly what I need to bring and the specific language to use (asking for a "Technical Expert" rather than just any representative). The timeline documentation is something I hadn't thought of but makes perfect sense - having everything laid out chronologically should help them understand just how long this has been dragging on and how many times their system has failed me. I'm definitely filing that OIG complaint before Tuesday's meeting. It sounds like having that external pressure already in motion might actually help during the appointment itself - they'll know I'm not just going to quietly go away if they give me more runaround. Thank you for acknowledging that this level of persistence shouldn't be necessary during such a difficult time. Sometimes I wonder if I'm being unreasonable for continuing to fight this, but $2,150 is a significant amount and it was rightfully my husband's (and now mine). Your encouragement means a lot, and I'll absolutely update everyone after Tuesday!
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