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?
18 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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