Ask Larry

Does The Payment That My Partner Received In The Month Of Her Death Need To Be Returned To Social Security?

my partner received her ssd check on the 3rd of the month she died on the 31st of tje same month does that check need to be returned to the ss office

Hi,

I'm sorry for your loss. Assuming that the check was cashed prior to your partner's death or if it was paid electronically, that payment would not need to be returned to Social Security.

Social Security payments are not due for the month of a person's death, but Social Security pays regular monthly benefits a month behind. For example, a Social Security benefit paid on August 3rd would be the person's benefit payment for the month of July. Therefore, if that person died in August, they were entitled to keep the payment that they received in August for July. However, if that person's payment for August was delivered in September, it would need to be returned to Social Security.

If a person would have been allowed to keep a benefit payment that was received after their death, or if they received a check prior to their death that wasn't cashed, that would create an underpayment. Underpayments can be paid to survivors based on a priority order as explained on the following Social Security website: https://www.ssa.gov/forms/ssa-1724.html.

For example, say that a person dies on August 1st and their benefit payment for July is delivered on August 3rd. That payment would need to be returned to the Treasury Department, but it could then be reissued as an underpayment. However, if that person had died on July 31st, then their benefit payment for July delivered in August would need to be returned and could not be reissued.

Best, Jerry

Posted: 
Sep 9 2020 - 8:22am
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