I'm getting ready to apply for my Social Security benefits at 62. I am the legal guardian of my grand-nephew (my sister's grandchild). We both live with my mother, who currently can claim both of us as a dependents (I'm one of the long-tern underemployed). My ward's parents are still alive -- one is in prison & one is receiving SS disability income for mental illness/drug use. Should I apply to get benefits for my ward (if he's entitled from his Mom's disability) as a representative or would it be best for me to formally adopt my grand-nephew? His father has 17 more years in prison and his mother is not even attempting to get her child back. My mother is 85. I'm not sure what the best strategy is to deal with the situation. Once I get SS benefits, our financial situation will change but I want to make sure I'm maximizing benefits for me and my ward. Thank you.

Hi,

Your grand-nephew couldn't be eligible for benefits on your record unless you adopt him, but I can't advise you whether or not to do so. He may or may not be eligible currently for child benefits on his mother's record. Assuming that he's under age 18 or disabled he should at least technically qualify for entitlement to child's benefits if his mother is receiving Social Security disability benefits (SSDI), but the rules for calculating benefits for family members on the account of an SSDI recipient sometimes preclude them from actually being paid any benefits (https://www.ssa.gov/OACT/COLA/dibfamilymax.html). This generally only occurs in the case of disabled workers with low or limited earnings histories, though. You should probably check with Social Security to see if your grand-nephew is eligible for any benefits.

Before deciding to claim reduced benefits at age 62, you should strongly consider using our maximization software in order to explore your filing options and determine your best strategy.

Best, Jerry