Adoption and ssi?

Question

my husband was on ssi he passed in Dec 2006, we had our grand daughter since her birth in 204 she was claimed on our taxes every year , I am adopting her and was told she can draw is ssi servial even though he passed before the adoption took place. is this right does anyone know ??? I was told I would draw also as a widow with a child ... Is this right ?????

Answer 1

I would trust what you were told by the Social Security Administration, or a lawyer specializing in disability law, not Y!A with this kind of question.

Answer 2

We tried to adopt our grand-daughter and were told that we would lose all SSI support for her once we did.  Since she had severe emotional problems, we really needed that extra money for her care.  However, when she finally went into foster care, her foster parents could adopt her and not only keep getting her SSI, but they would also add an adoption subsidy to it.  So they actually got more for adopting her.  We could never understand this, but that is what our lawyer told us, so we never pursued the adoption.  We couldn't afford her care without that SSI coming.   I think I would check with your local Social Security office before I proceeded too far and then got stuck with nothing.

Answer 3

That's a tricky question, I'm inclined to say no. In order for the child to receive survivor's benefits, they would need to legally be the deceased's child. Since you are adopting her (not him or even you and him) and a dead person cannot adopt someone, I don't think she'd be eligible for survivor's benefits. ADopted children can receive benefits, don't get me wrong, but they need to be adopted by the worker who has passed.

In order for you to qualify for survivor's benefits you need to meet one of the following:

-you are at retirement age (can be as early as 60)

-you are disabled and at least 50

-you take care of the deceased's child under 18

-you take care of the deceased's child who is disabled and under 22

Unfortunately, even though you claimed your granddaughter, she was not legally his child. So unless you meet one of the first 2 bullets, you're probably not going to receive benefits. I'm not a professional, so see the link below and call SSA to ask if you qualify.

Answer 4

Check out the Social Security Website , www.ssa.gov.  It is filled with tons of information about benefits.  You can also get applications for benefits online.  They have a toll-free number so that you can ask more questions.  Checking with the SSA and/or an attorney are really the only ways you can get accurate information.  Keep in mind, these laws change fairly frequently, so please don't rely on lay people.