Last month I posted that my brother in law died in an ATV accident. We have been working to get my wife's sisters life back to some sort of normal. One of the issues that has come up is Social Security. The government deposited Rob's check in their bank account but then took it back out. Lynn's check was put there as normal. I was under the impression that when a spouse passes the other person gets the bigger of the two checks. Can anyone tell me if this is true and if not tell me what normally happens. Thanks in advance,


Jim

I think you get the bigger of the 2 checks only if you are 70 years or older.

I don't think that age has any influence, but I don't think it is automatic. She probably has to apply for his benefits.

Found this link...hope it's helpful:

https://www.ssa.gov/benefits/survivors/ifyou.html

My mother hated my dad so much, and before he passed away in 2008, she made me promise to tell her when he died so that she could "get his SS benefits" as surviving spouse...they had been divorced since about 1973. I'm not sure what all that entailed or by how much HER benefit increased. After he passed away, I didn't tell her for quite a while and when I did, it was VERY close to the deadline for her to file for his benefits...I did not know there was a deadline; think it's 12 months. Her attitude, however, so sickens(ed) me I truly DGAF...

[/dirty laundry]

They take it back awaiting proof that it's going to the correct heirs.
There is a process, once the estate has an executor, but I'd recommend looking it up through Social Security site or call them so I don't tell you something that's not correct.

quote:

Can anyone tell me if this is true and if not tell me what normally happens. Thanks in advance,

Most if not all Funeral Homes now report SSN of the deceased to the SSA, that would be why they removed the deposit once they got notice from the funeral home

This is the SSA/Treasury.gov 'cluster-fuck' that occurs basically anytime a Social Security recipient dies!

Though SS is paid in arrears, and it's impossible for a recipient that dies to have received a SS check they were not entitled to, the .gov 'claws back' the last payment and determines who is supposed to get the funds. Though the recipient was 'rightfully entitled' to it, the heirs have to file paperwork w/ the SSA to get the payment restored/repaid.

This occurred when my Father died in September 2017, and as my Mother was already deceased, the SSA determined it had to be equitably split and distributed amongst his children, so myself and my two brothers. That FINALLY occurred in October of 2018, and of course, then we had to pay income tax on those funds, which really should have been part of the Estate anyway, and had been reported on my Father's Final Income Tax Return, filed in April for the previous year!

erj_pilot's post with the link is where you want to go for the answers that you seek. The link has a lot of information that can appear confusing. However, since survivor's benefits is such a big subject, a lot of the information won't apply to your relative's situation. So just zero in on the information that applies to your relative and ignore the rest.

Thanks for the replies. She now has an appointment with SS. We've got other stuff to sort through but first things first. Thanks again,


Jim

Just did this last August with Mom


Start gathering the docs


You will need an official marriage certificate from the county where they were married.

If Social Security has the death record may not need but nave ready an official death certificate


It also depends if their accounts were linked when they first applied.

My mom and dad was not. It was fun getting a 1969 marriage certificate out of Cook County IL

The good news is that it is calculated from DOD and paid in lump sum to catch up.

Be prepared, first call will probably lead to scheduling a second call which the questions are asked and answered.

Overall the two calls went well and they tried to be as helpful to me and Mom