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Dallas Villalobos

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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Saleem Vaziri

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So sorry for your loss, Dallas. I'm glad you were able to get through to SSA and get some clarity on everything. That's a huge relief about not having to worry about the 1099 for the returned payment. The survivor benefits decision is definitely complex - you might want to consider meeting with a financial advisor who specializes in Social Security planning to help you figure out the best timing strategy. Many offer free consultations for widows/widowers. Take care of yourself during this difficult time.

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Monique Byrd

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I'm so sorry for your loss, Dallas. It sounds like you're handling a really difficult situation with grace. Just wanted to add that when you're ready to think about the survivor benefits timing decision, there are some good online calculators that can help you compare different claiming strategies. The AARP website has one, and there's also OpenSocialSecurity.com that's free and pretty comprehensive. No rush on that decision though - focus on getting through the immediate paperwork first. Wishing you strength during this tough time.

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Zoe Stavros

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I'm so sorry for your loss, Dallas. You've gotten some really solid advice here. Just wanted to add one more thing - when you do return that payment, ask SSA for written confirmation that it was received and processed. Some people have had success requesting this via certified mail if doing a check, or getting a confirmation number if doing it electronically. Also, since you mentioned being 62, you might want to look into whether you qualify for any widow's benefits from your husband's work record versus your own - sometimes one can be significantly higher than the other. The SSA representative should have explained this, but it's worth double-checking. Take things one step at a time during this difficult period.

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Dmitry Popov

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I'm so sorry for your loss, Dallas. It sounds like you're navigating this really well despite how overwhelming it all must be. Since you mentioned you're 62, I just wanted to add that you have some time to decide on the survivor benefits - you don't have to rush into taking reduced benefits right away if you don't need the income immediately. The decision can be changed later in some cases, but it's worth understanding all your options first. Also, when you return that January payment, consider doing it via certified mail or getting a tracking number so you have proof it was sent. Take care of yourself during this difficult time.

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Layla Sanders

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My deepest condolences, Dallas. I'm glad you were able to get through to SSA and get some clarity on the situation. Regarding the survivor benefits timing decision - since you're 62, you might want to know that if you take survivor benefits now at a reduced rate, you could potentially switch to your own retirement benefits later if yours would be higher at your full retirement age (or vice versa). This is called a "restricted application" strategy. Also, definitely keep detailed records of returning that January payment - scan/photocopy everything before you send it back. You're handling a really difficult situation with such strength. Take it one step at a time.

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Kelsey Chin

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I'm so sorry for your loss, Dallas. Losing a spouse is incredibly difficult, and dealing with all the administrative details on top of grief is overwhelming. I'm glad you were able to get through to SSA and get clear answers about returning the January payment and starting your survivor benefits process. Since you mentioned you're 62, just wanted to add that you have some flexibility with timing on survivor benefits. If your husband had a higher earning record than you, you might consider taking reduced survivor benefits now and then switching to your own retirement benefits at 70 when they'd be at maximum value (or vice versa if your record is higher). There are online calculators that can help you model different scenarios when you're ready to think about that. For now, focus on getting through the immediate tasks. And definitely keep copies of everything when you return that payment - send it certified mail or get tracking confirmation. You're doing great navigating this difficult situation.

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NebulaNinja

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This is such helpful advice, Kelsey. I really appreciate everyone taking the time to explain these complex rules during what is already such a difficult time. The idea about modeling different scenarios with calculators makes a lot of sense - I hadn't thought about the possibility of switching between survivor benefits and my own retirement benefits later. That could make a real difference over the long term. I'm definitely going to send that payment back with tracking and keep copies of everything. Thank you all for being so supportive and informative. It means more than you know to have this community to turn to when everything feels so overwhelming.

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