Can My Grandchild Get Benefits On His Deceased Grandfather's Record?

Category: 
Apr 8 2017 - 7:45am

I currently receive widowers/survivors benefit. I have started the process to adopt my 3 1/2 yr old grandson. I called 800# social security & was told Maysen would be eligible for benefits & to go to my local social security office for assistance. When I inquired the agent got very upset & stated that their office will not pay out benefits because my husband is deceased & not alive to adopt him. What is the right answer?

Hi,

If you adopt your grandson, he may qualify for child's benefits on his deceased grandfather's record if the following conditions were met:
1) You legally adopt the child within 2 years after your husband's death, or your husband had started proceedings to adopt the child before his death; and,
2) The child was either living with or receiving one-half support from your husband at the time of his death.

Refer to Social Security's operations manual for more information on this provision: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200306145.

Best, Jerry