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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My spouse past away March 24 2016 .s social security money

Customer Question

My spouse past away March 24 2016 .His social security money was pending on our bank account,when past the 24th it was removed from his account,My question is why did the take it all back leaving nothing for 24 days in March.The month ofApril the difference of his amount and mine was added to my deposit ,So is this the only part of his i get for March is $294.His SS#489-36 3070,Please explain .
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Margaret,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.

Here is the way that social security law works. Social security benefits are always paid one month in arrears, meaning that you are paid in April for the benefit that you earned in March. In order to earn a monthly benefit you must be alive for the full month for which you will be paid. Even dying on the last day of the month means that you will not qualify for a benefit payment for that month.

So, when your husband passed away on March 24th, that meant that he would not be eligible for a retirement benefit for that month which would have been deposited sometime in April. So if social security was not notified of his passing in time to stop the March benefit, which was slated to be deposited in April, then when they learned of his death after having made the April deposit, they would have notified the bank and taken the money back.

The return of the money may also have been done by your bank if they were likewise notified of his passing, and the bank is obligated to return the payments to social security if they learn of the death of a customer and know that the customer received a payment for which they were not eligible.

You wrote: The month of April the difference of his amount and mine was added to my deposit. That was because social security appears to have converted your benefit to a survivor benefit meaning that from this point on, you will be entitled to the amount of benefit that your husband was receiving at the time of his death.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon Margaret,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug