My mom passed away on Feb.1. Her SS check due from January was not deposited in her account. We have filled out the form to get this last check but are being denied because we do not have birth certificate on file anywhere and no record of her baptism. Is this legal?

Hi,

I'm sorry for your loss.

If your mother was already receiving benefits, Social Security shouldn't need proof of her age. They may, however, need your birth certificate in order to prove your relationship to your mother. Underpayments due to a deceased beneficiary are paid out on a specified order of priority (https://www.ssa.gov/forms/ssa-1724.html), which is why Social Security likely wants to see your birth certificate.

Best, Jerry