I needed that money to pay her April Nursing Home bill. There was no money left in the account so I closed it today. Do I have to pay the nursing home since SS took it back. My mother was on Medicaid with no assets. I thought it was a month behind. What do I do???
So, if someone dies in the month of May, as your mother did, the June payment, which IS for the month of May, is taken or expected to be paid back by SS. It doesn't matter if you die on the first day or the last day of the month. This, for me, is the equivalent of working 2 or 3 days one week and being denied pay the next week because you died mid week. So many people rely on those funds as there is nothing else. Some could use it for burial/cremation services. At the least it should be prorated. There were sufficient funds for mom's care and she had a pre-need burial paid for, so it didn't impact us and I was aware of the take-back, but it DOES irk me because so many need those funds.
I was aware of this lovely "feature." My mother died mid month, so I didn't expect to see payment, but the FH didn't report it right away and the payment showed up (I have alerts on everything.) I knew it would be taken back, so I left it alone (special Rep Payee account, only funds were SS.) It disappeared rather quickly. What was even MORE annoying was to receive a letter from SS, dated THREE DAYS AFTER the funds were withdrawn, demanding payback. Their envelopes are postage paid, so I sent nasty mail back to them stating they already took the funds thank you very much. Bad enough to lose your mother, but then to have this erroneous demand arrive after the fact (multiple mailings arrived, most with some lame condolences, but to demand repayment when they already took it was really too much!!!)
As for paying the NH - I am a little perplexed that the NH payment for April was relying on SS funds in June. Certainly the June SS funds would be for the month of May, but why is April not paid yet? Whether or not they expect payment would be in the terms agreed to (Medicaid, NH.) If there are no "estate" funds or assets, then unless you signed something guaranteeing payment, there's not a lot they can do. They can ask. They can demand. But if you didn't sign as guarantor of the payments, they are SOL. Don't pay a dime.
I doubt you signed any promissory to pay for her care, so probably not responsible. The only thing that will come in to play is what is left in her estate. A house or other property that did not count when she applied for Medicaid. Whatever is left in the estate can be reviewed by Medicaid for potential pay-back for what state paid for her NH bed.
So Mom died in May - she is not eligible for the May check.
"There are a couple of things to keep in mind. For starters, a person is due no Social Security benefits for the month of their death.
“Any benefit that’s paid after the month of the person’s death needs to be refunded,” Sherman said.
With Social Security, each payment received represents the previous month’s benefits. So if a person dies in January, the check for that month — which would be paid in February — would need to be returned if received. If the payment is made by direct deposit, the bank holding the account should be notified so it can return benefits sent after the person’s death."
I hope you get this issue with your mom’s social security worked out.
Mom should not receive her check in June because that check is for May and she died in May.
This is why I allowed Moms NH to become her payee for SS. If there was a problem, the NH had to deal with it. You do not pay the NH. If Mom has no money she has no money.
Just be aware………