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Can I receive SSDI benefits for grandchildren in my custody without adoption? Parents still alive

I became the full-time custodian of my two grandkids (ages 14 and 12) last month after some difficult family circumstances. I'm currently receiving SSDI benefits due to my disability that began about 3 years ago. My question is whether these children can qualify for benefits on my record since I now have full legal custody of them? Or would I need to actually adopt them first? Their biological parents are both still living, though neither is in a position to provide support right now. I've called the SSA office three times but keep getting disconnected. Has anyone navigated this situation successfully? I'm worried about making ends meet with two additional mouths to feed.

In my experience working with clients in similar situations, you'll need to understand a few key points about dependent benefits on your SSDI record. Generally, grandchildren can qualify for benefits on your record, but there are specific requirements: 1. The children must be legally dependent on you 2. They must have begun living with you before age 18 3. They must have received at least half their support from you for the year before they became eligible for benefits Having legal custody is helpful, but adoption often makes the process much clearer. Without adoption, you'll need to provide documentation proving their dependency on you. I'd recommend scheduling an appointment with SSA to discuss your specific situation.

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Diego Fisher

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Thank you for this information! Do you know what kind of documentation they might ask for to prove dependency? I have the court custody papers, but not sure what else I'll need to show they're dependent on me financially.

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I went threw something similar with my grandkids last year!!! SSA made it SO COMPLICATED for me. Kept asking for more and more papers and saying different things each time I called. The most important thing is can you prove they live with you and that your supporting them more than 50%? That's what they kept asking me over and over. It took almost 5 months to get approved and they wanted school records, doctors notes, everything!!!

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Diego Fisher

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5 months? Oh gosh, I was hoping this would be quicker. Did you eventually get benefits without having to adopt them? I can definitely prove they live with me and that I'm supporting them since their parents aren't contributing anything.

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The system is deliberately designed to make this difficult. SSA doesn't WANT to pay benefits they could avoid paying. My sister tried to get benefits for her grandkids and they denied her TWICE before finally approving. She had to provide rental agreement showing the kids lived there, school records, medical authorizations, AND proof that the parents weren't providing support. It's ridiculous how much they make you jump through hoops when you're just trying to care for children who need help!

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Emma Johnson

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This is so true. When my nephew came to live with me after my brother passed, I had to fight for almost a year to get benefits sorted out. Makes you wonder if they just hope people will give up.

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Liam Brown

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For grandchildren to receive auxiliary benefits on your SSDI record, you'll need to prove: - The children's parents are deceased, disabled, or not supporting the children - The children began living with you before they turned 18 - They received at least half their support from you for the year before applying Since you just got custody last month, you may need to wait until you've provided support for a longer period. Adoption isn't strictly required, but it simplifies the process considerably. You'll need Form SSA-4-BK (Application for Child's Benefits) and documentation of your relationship and support. In the meantime, you might consider applying for other programs like SNAP or TANF to help with immediate expenses.

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Diego Fisher

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This is really helpful, thank you. So it sounds like I might not be eligible yet since I've only had them for a month? That's disappointing, but I'll look into SNAP while I wait. Do you happen to know if the one-year support requirement is absolutely firm, or are there exceptions?

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Olivia Garcia

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my daughter gets survivor benefits for my granddaughter but thats different cause her father passed. i think its harder when parents are alive but not contributing. bring all ur court papers and bills showing ur supporting them when u go to ssa.

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They'll probably also want statements from the children's parents acknowledging they're not providing support. That's what tripped up my application - the parents refused to sign anything and SSA made it nearly impossible without that documentation.

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Noah Lee

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After spending 6 weeks trying to get through to someone at SSA about a similar situation with my nephew, I finally found a service called Claimyr that got me connected to an actual SSA representative in under 10 minutes. I was at my wit's end after dozens of disconnected calls and hours on hold. The SSA agent was able to schedule me for an in-person appointment where I got everything sorted out. Check out their video to see how it works: https://youtu.be/Z-BRbJw3puU or visit claimyr.com. Seriously saved my sanity during a stressful time.

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Diego Fisher

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Thank you for this suggestion! After my third disconnected call today, I'm ready to try anything. I'll check out that service - getting a real person on the phone would be so helpful right now.

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Emma Johnson

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Does this actually work? I've been trying for WEEKS to talk to someone about my disability review.

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Liam Brown

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To answer your question about exceptions to the one-year support requirement: Yes, there are some situations where SSA might waive this, particularly if the change in living situation was sudden due to abandonment or other urgent circumstances. This is something you should specifically discuss during your appointment. Bring as much documentation as possible showing: 1. Your custody agreement 2. Proof of residence (school enrollment, medical authorizations) 3. Financial support evidence (receipts, bank statements showing expenses) 4. Any documentation about why the parents aren't providing support The more evidence you have of the children's dependency on you, the stronger your case will be.

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Diego Fisher

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That gives me some hope! The custody change was definitely sudden - their mom was evicted and their dad is currently incarcerated. I'll gather all those documents and hopefully the situation will qualify for an exception.

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One more thing I forgot to mention!!! You should also apply for SSI for the kids seperately from your SSDI. Theres income limits but if your only on SSDI you might qualify. My grandson got approved for SSI while we were waiting for the other benefits to start and it helped ALOT with groceries and stuff.

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Olivia Garcia

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this is good advice! ssi and ssdi are different programs and u might get help from both depending on ur situation.

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One clarification I want to make - there's often confusion between dependency benefits on your SSDI record versus SSI for the children. These are separate programs: - Auxiliary benefits on your SSDI: Based on your work record, no income limits for you, but has relationship and dependency requirements - SSI for the children: Need-based program with strict income and resource limits, considers your income as the custodial grandparent It's worth exploring both options. And regarding the one-year support requirement, as someone mentioned, there are exceptions particularly in cases of parental abandonment, incarceration, or sudden changes in living arrangements. Document everything carefully, and don't get discouraged if you receive conflicting information from different SSA representatives - unfortunately that happens frequently with these complex cases.

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Diego Fisher

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Thank you for explaining the difference! I'll definitely look into both programs. I'm glad to hear there might be exceptions for the support requirement given our circumstances. I'll make sure to document everything thoroughly before my appointment.

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