How far back does a legally entitled heir have to request a refund if their family member’s final check issued for the month of their death?
Hi,
There's no set time limit for claiming a Social Security underpayment that was due to a deceased person. However, no Social Security payment is due for the month of a person's death.
To clarify, Social Security benefits are paid a month behind. For example, benefits for the month of January are paid in February. If a person dies in January, even if it's at 11:59 PM on January 31st, no payment is due for the month of January. In other words, their payment for January that would have been paid in February is not due and would need to be returned if it's issued.
However, if a person lives throughout an entire month and dies before receiving or cashing their Social Security payment for that month, then an underpayment would exist. Underpayments due to a deceased person can be paid to surviving spouses, children, or parents of the deceased, or to the legal representative of the deceased's estate. There is a specific priority order for determining to whom an underpayment can be paid, which is explained on the following Social Security website: https://www.ssa.gov/forms/ssa-1724.html.
Best, Jerry