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Will Social Security send me a 1099 for my deceased husband's January payment?

My husband passed away on January 1st, 2024. His monthly Social Security payment was deposited into our joint account that same month (January 2024), and I haven't touched that money yet because I'm not sure if I'm entitled to it. This is all new territory for me. Will the SSA send me a Form SSA-1099 for this payment for tax purposes? I'm trying to plan ahead for next year's taxes and want to make sure I have all the documentation I'll need. Also wondering if this payment is considered his income or mine for tax purposes?

Reina Salazar

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Yes, the SSA will issue an SSA-1099 for any benefits paid in 2024, including that January payment. Since the payment was issued in January 2024, it will appear on a 2024 SSA-1099 (which you'll receive in January 2025). The form will be issued with your husband's name and SSN since the payment was for his benefits. Regarding the payment itself - according to SSA rules, a person must survive the entire month to be entitled to that month's payment. Since your husband passed on the 1st of January, technically that payment may need to be returned to SSA. You should contact them to clarify this specific situation.

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Oh no, I didn't realize I might need to return it! Thank you for explaining about the 1099. So if I do have to return the payment, will they still send a 1099 or would that be canceled?

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Sorry for your loss. I went through this last year when my wife died. Be prepared for a MESS with SSA! They made me return my wife's last payment even though it was already spent on her final expenses. Then they took 4 months to start my survivor benefits. The whole system is BROKEN and they don't care at all about grieving spouses!!

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Demi Lagos

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I had the opposite experience when my husband died. The SSA rep was really kind and helpful. Maybe depends which office you deal with?

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Mason Lopez

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You should apply for survivor benefits right away if you haven't already. You might be eligible for a $255 death benefit payment plus monthly survivor benefits depending on your age and other factors. The 1099 question is important but getting your ongoing benefits set up should be your first priority. I recommend calling SSA directly to sort all this out - both the January payment question and your survivor benefits.

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Vera Visnjic

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good advice but good luck actually getting through to anyone at SS. i spent 3 days trying to call them last month and kept getting disconnected or on hold forever

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Jake Sinclair

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I had the same problem reaching SSA by phone when my mom passed. After wasting days on hold, I used this service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - definitely worth it for urgent situations like survivor benefits where you need to talk to someone quickly.

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Hmm i think the 1099 depends on if they make you return the payment. my friend had to give back her husbands last check and didnt get a 1099 for it. but if they let you keep it then yes youll get the tax form next january

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Thanks for sharing your friend's experience. I'll definitely call SSA to find out if I need to return it. Didn't even think about that possibility until now.

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Reina Salazar

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To clarify about the January payment: SSA follows what's called the "non-payment month of death rule" - this means benefits are not payable for the month of death if the person died anytime during that month. For tax purposes: If you do have to return the payment, you won't receive a 1099 for it (or it would be adjusted). If for some reason you're allowed to keep it, the payment is considered your husband's income for tax purposes, not yours, since it was for his entitlement period.

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Demi Lagos

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Is this different for SSI? My neighbor got to keep her husband's last SSI payment even though he died mid-month. So confusing!

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Reina Salazar

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Yes, SSI (Supplemental Security Income) has different rules than retirement benefits. With SSI, a recipient who dies after the 1st of the month can be eligible for that month's payment. With retirement benefits (OASDI), no payment is due if the person dies anytime during the month. It is confusing!

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I just called SSA and you all were right - I do need to return the January payment. They said they'll send me instructions on how to repay it. The representative also helped me apply for the $255 death benefit and start my survivor benefits application. I'm 62 so she said I could start reduced benefits now or wait until later for a higher amount. So much to think about! But at least I know I won't be getting a 1099 for that January payment since I'm returning it. Thank you all for your help during this difficult time.

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Mason Lopez

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I'm glad you got some answers! Just a quick note on survivor benefits - if you were the higher earner, you might want to consider taking your own retirement early and then switching to survivor benefits at your full retirement age (or vice versa if your husband was the higher earner). The rules are complicated but this strategy can sometimes maximize what you receive over your lifetime.

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MAKE SURE you get a receipt when you return that payment!!! I returned my wife's payment and 6 months later they claimed they never received it and took it out of my benefits!! Keep ALL documentation!

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