Ask Larry

Can My Grandchild Get Benefits On His Deceased Grandfather's Account If I Adopt The Child?

My ex spouse died while receiving social security disability benefits. Now I'm adopting our grandchild who was born after grandfather died. Both of my grandchild's parents have died. Can grandchild receive survivor benefits from grandfather's account after I as the surviving spouse have adopted grandchild?
If so can I then receive survivor benefits for caring for grandchild?

Hi. If both of your grandchild's natural parents were deceased or disabled at the time that their grandfather died, then the child could potentially qualify for survivor benefits on the grandfather's account if the child lived with the grandfather and received at least one-half support from the grandfather throughout the year leading up to the grandfather's death (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200306235).

There is a separate provision in the Social Security law that allows children adopted after a person's death to qualify for survivor benefits under certain circumstances. But, that provision only applies if the deceased was in the process of adopting the child prior to their death, and if the child is then legally adopted within 2 years after the death by the deceased worker's surviving spouse (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200306145).

You couldn't receive child in care survivor benefits unless you have a child in your care who is eligible for benefits on your deceased ex-spouse's account. However, if you're at least age 60, or at least age 50 and disabled, and if you were married to your ex for at least 10 years then you may be able to qualify for surviving divorced spousal benefits (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Best, Jerry

Posted: 
Aug 2 2021 - 9:36am
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