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I have legal guardianship for my partner. He passed away on August 22, 2019. He received his SSA benefits on the 3rd of every month. If SSA benefits are paid a month behind, then the benefits he received in August would have been for July. However, SSA states that he wasn't entitled for monthly benefits beginning August 2019. My question is this...he didn't receive any benefits on 09/03/19. Why would we need to pay back the benefits received on 08/03/19?

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Sounds like an error on SSA’s part. And not an uncommon one. The payment he received 8/3 was for July so he was entitled to that payment. It is August’s payment which would have been paid 9/3 that he is not entitled too. Social security does NOT pay in advance so the payment on 8/3 was NOT for August. It was for July so they shouldn’t be taking it back.
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murrhamm Sep 2019
Thank you! I am sending the Request for Reconsideration to appeal their decision.
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Social security generally makes payment toward the beginning of the month for that month. If the senior passes within that month, even if they live to the end of the month, SS wants to be repaid that Month's payment, and will freeze any accounts until they get that month back. It isn't fair, but it is fact.
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murrhamm Sep 2019
Aren't the SSA benefit payments for the prior month? So, any benefits paid in August would be for July?
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You are correct. And he isn't entitled to benefits for August. Sept payment is August benefits and you received none. If SS is direct deposited and they take back the August payment which is July money, they r in the wrong.
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I've read information from various sources, some say it's one way, some another. Taking back benefits for the previous month in which he survived - no sense to me.
Social Security needs to provide a uniform explanation that is understandable. I'm not real sure Soc. Sec. employees know the right answer.

Explanations are written in English, yet I've found no one who knows the answer.
If SS even understands it's own policies, it is either very adept at being sneaky or too disoriented to communicate the right answer.
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worriedinCali Sep 2019
The social security website is pretty clear on this—benefits are paid a month in arrears. It’s on page 1 of the SS benefits guidebook https://www.ssa.gov/pubs/EN-05-10077.pdf

”the benefits are paid in the month following the month in which they are due. for example you receive your July benefit in August”.
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All I know is: the soc sec isn't provided in the same month that a person dies. Ex: my mom died in June, so they took back the June payment. Sorry you lost ur partner
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lealonnie1 Sep 2019
Same exact situation with my Dad....SSI demanded June payment back when Dad passed in June.
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I think you are correct - your partner lived until Aug. 22 - so no benefits for the month of August. But if no benefits were paid in September (for the month of August) - then what are they trying to take back?  The payment he received Aug. 3 was correct - it was for July.  Was this some kind of direct deposit snafu?  I think you will have to have Social Security representative look into this.
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I may be wrong here but, didn't SS change the payment date to the present system back abut 1998 or before and some were grandfathered in under the old method?
correct me if I aam wrong but don't throw your vegetables at me.
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jacobsonbob Sep 2019
"...don't throw your vegetables at me"--LOL--thanks, that made my day!

Unfortunately, I don't know the answer to your question. However, I remember that back in 1983 my grandfather died March 29 or 30, and when my mother wondered why there was no SS check a few days later, the local postmaster (this was in a little village) said he had to send his SS check back because my grandfather had died before the end of the month.
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I would ask Social Security directly. Probably some mix up by a clerk over the months unless they think they paid in September for some reason. Phone them up, I’m sure they will be able to sort out for you very quickly.
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Social Security Administration | Publication No. 05-10077
What you need to know when you get retirement or Survivors Benefits.

What you need to when you get supplemental security income (SSI)
Publication No. 05-11011

"We pay Social Security benefits monthly. the benefits are paid in the month following for which they are due. for Example, you would receive your July benefit in August. Generally, the day of the month you receive your benefit payment depends on the birth date of the person for whose earnings record you receive benefits. for example, if you get benefits as a retired worker, we base your benefit payment date on your birth date. If you receive benefits based on your spouse's work, we base your benefit payment on yur spouse's date on your spouse's birth date."

Date of birth: Benefits paid each month on:

1st - 10th Second wednesday

11th - 20th Third Wednesday

21st - 31th Fourth Wednesday


"If you receive both Social Security and SSI benefits, your Social Security payment will arrive on the third of the month and your SSI payment will arrive on the first of the month."

Now all of that being retyped with my aching fingers, I would suggest that you take a copy of the death certificate and go to your local SS office to ensure that the correct date of death has been entered, to clarify the month for which the last payment was made, and to apply for the death benefit
The death benefit I received was no much but is intended to help off set the funeral costs. If I remember correctly it was $255.00. Not much for a $12K funeral and burial.

going to their office is a struggle but, worth the time.
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https://maximizemysocialsecurity.com/why-does-social-security-withdraw-direct-deposits-deceased-persons-bank-account

I believe that you will receive the payment back.
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