We shared apt in NJ. On third Wed. of each month. Mother died on 4/14/16.......Her March Social Security check was direct deposited into our joint checking acct on 4/20/16. Legally she (or I) should be able to keep it as last check. Yet it was snatched out by SSA on 5/10/16. Now SSA wants me to submit form SSA-1724 to TRY to get it reinstated maybe months from now. How can they get away with this? Do I have any recourse? Any free consumer or legal agency to turn to for assistance? Please advise?
We all need to better inform ourselves about Social Security. I especially recommend the free SSA booklet "What Every Woman Should Know", SSA publication No. 05-10127.
From what you described, here is what I would do if you ever face this situation again with a joint account. You mentioned you should've been able to keep the last check before Social Security snatched it back. What I would do next time as soon as you learn the person on your account died is go straight to the ATM or to the bank and withdraw all the money, close the current account, and open a new one elsewhere. Keep only the minimum opening amount in the new account until everything is settled, but keep the rest of the cash in a safe place for absolute necessary expenses during this type of emergency, because this is definitely an emergency situation. Sometimes you just have to do what you have to do to get things done and deal with other things later after the top priorities are done
When my husband died the money was not deposited that month, and it should have been. I did get it a few months later, something about it had to be deposited in my name as beneficiary. Sorry I can't explain plainer.
Good luck with that.
But then maybe we somewhat did what 1RareFind is talking about; I didn't/wasn't worried about all that at the time; the extra funeral expenses the funeral home brought up I just took care of those then regardless, then I'm not sure my intent was to close dad's account or that's just the way it worked out with, like I said earlier, I just didn't want to see the same thing happen again to his grandson, who'd given up 2 yrs. of his life to take care of dad, especially when the time it took to get things taken care of to begin with at the beginning of him doing that led to it happening in the first place; actually since I was already on his checking account at that time, had I known I may have tried to have done something then, since, like I said, dad's checking account actually ran ahead anyway, but think I didn't, was thinking it was when dad was in the hospital but now thinking not quite yet, so...anyway, that wasn't until almost a month after he passed because I did deal with his will and estate, such as there was of either, first, at least as far as officially probating, at least as much as we did, since, since his was so small, it wasn't actually officially probated but had to be officially dispensed with being probated and get me officially named as representative to take care of what did have to be taken care of. Thankfully dad - and mom - did have preneeds set up; my dad was always one to have good preparations made for things, something I deeply appreciate. But I didn't close out dad's account until after he normally would have gotten his next check - I think - sorry, may be a little off, because that payment may have been due on the first, where his check came on the 3rd, or actually since it was direct deposited maybe on the 2nd but then was a Sunday that year, so maybe not or do that do it before the 1st in that case? can't really remember, but anyway, point being, they definitely had not taken back the check he'd gotten on the 3rd the month before - the month he died on the 7th, so they'd had plenty of time if they were going to but if they were going to later, they were too late because there was then nothing in there.
Also, dad's bank never said anything about SS contacting them but then I never contacted SS either, about his check; dad's funeral home did any contacting that was done and nothing was ever said to me and I really, honestly, never thought about it, like somebody said (sorry, not going back anymore and looking up names, was tired to begin with, long day, but felt the need to do what I've done) was concentrating on funeral, etc.
So, although I do understand, that somewhat unlike, if I can get this out right, what was said, that children aren't responsible for debts; however, the estate is and had dad's had to have been probated and had the SS check had to have been returned, his estate would have been responsible for that being done, meaning me, as his representative, but since it was dispensed with, became a nonissue - except for another issue, which was actually bigger than any one SS, retirement, of VA check, which I may deal with later
According to current rules, If the decedent (the one who has died) dies on any given day in the month - that entire month's payment gets returned to the Social Security fund.
There was no such thing as Social Security ("Old Age Benefits") until Ida May Fuller received the first such check on January 31, 1940, in the amount of $22.54 !! In spite of heavy opposition by Congress, President Franklin D. Roosevelt was finally able to get them to pass this legislation so older Americans would no longer become destitute when they could no longer work. For those born before 1940, there was no "Social Security" old-age benefit; no Disability benefit; and no S.S.I. Benefit.
The check deposited in April was for the month going forward from that date. There sounds like a misunderstanding that you thought the check was for March.
Save your emotional energy for the grief you must be experiencing from the loss of your mother.
The surviving spouse who was either living in the same household as the deceased at the time of death or who, for the month of death, was entitled to a monthly benefit on the same record as the deceased;
Children who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
Parents who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
A surviving spouse not qualified under 1. above;
Children not qualified under 2. above;
Parents not qualified under 3. above; or
The legal representative of the deceased person's estate.