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Diego Fisher

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

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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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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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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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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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I'm in a somewhat similar situation - I have legal guardianship of my teenage niece after her parents couldn't care for her anymore. From what I learned during my process, the key thing that helped me was documenting EVERYTHING from day one. I kept receipts for food, clothing, school supplies, medical expenses - basically any money I spent on her care. The SSA worker told me that even though there's typically a one-year support requirement, they can make exceptions when the change in custody is due to emergency circumstances like abandonment, incarceration, or unsafe living conditions. Since you mentioned "difficult family circumstances," this might apply to your situation too. Also, don't give up on calling SSA - I know it's frustrating with the disconnections. Try calling right when they open at 8am local time, or ask a local legal aid organization if they can help you navigate the process. Some have advocates who specifically help with SSA issues. You're doing a wonderful thing taking care of your grandchildren, and there are people and programs out there to help support you through this.

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Thank you so much for sharing your experience! It's really encouraging to hear from someone who's been through a similar situation. I've been feeling pretty overwhelmed with all the different information I'm getting, but your advice about documenting everything from day one makes a lot of sense. I'm going to start keeping detailed records of all expenses right away. The part about emergency circumstances giving exceptions to the one-year rule is especially helpful - our situation definitely falls into that category. I'll make sure to emphasize that when I finally get through to someone at SSA. And I hadn't thought about contacting legal aid organizations - that's a great suggestion. I'll look into what's available in my area. Thanks again for the encouragement. Some days it feels like an uphill battle, but knowing that others have successfully navigated this process gives me hope that we'll get through it too.

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I just wanted to add that you should also consider looking into your state's kinship care programs while you're navigating the SSA process. Many states have specific support programs for relatives who take in children, and these can provide financial assistance, respite care, and other resources that might help bridge the gap while you're waiting for federal benefits to get approved. In my state, the kinship care program was actually faster to get approved for than the SSA benefits, and it helped with immediate needs like school supplies and clothing. The caseworkers there were also more familiar with the SSA process and could provide guidance on what documentation would be most helpful. You can usually find information about these programs through your state's Department of Human Services or child welfare agency. Some also have support groups for kinship caregivers, which can be incredibly helpful both for practical advice and emotional support during this challenging time.

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This is such valuable advice! I hadn't even thought about state kinship care programs - I've been so focused on trying to figure out the SSA requirements that I didn't realize there might be other support available in the meantime. The idea that these programs might be faster to get approved for is really encouraging, especially since I'm worried about making ends meet right now. I'm definitely going to look into what my state offers through the Department of Human Services. The support groups sound helpful too - it would be nice to connect with other people who understand what this situation is like. Thank you for pointing me in this direction!

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I'm a grandmother who went through this exact process about 2 years ago when I got custody of my grandson. The waiting and bureaucracy is absolutely exhausting, but don't give up! A few things that really helped me: First, start applying for everything NOW - even if you think you might not qualify yet. The applications take forever to process, so getting in the system early is important. I wish I had started the SSDI auxiliary benefits application sooner rather than waiting to see if I met all the requirements perfectly. Second, document your financial support starting immediately. I created a simple spreadsheet tracking every penny I spent on my grandson - groceries (estimated portion), clothes, school fees, medical copays, everything. When SSA finally asked for proof, I had months of detailed records ready to go. Third, if possible, try to get a statement from the children's parents acknowledging they're not providing support. I know this can be tricky depending on your family situation, but it made a huge difference in my case. Even a text message screenshot saying they can't help financially worked for me. The process is frustrating and takes way longer than it should, but these kids are lucky to have you fighting for them. Hang in there!

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This is incredibly helpful advice, thank you! I'm definitely going to start applying for everything right away rather than waiting to see if I meet all requirements perfectly - that's such a practical tip. The spreadsheet idea is brilliant too. I've been keeping some receipts but not in an organized way, so I'll set up a proper tracking system today. The point about getting a statement from the parents is something I hadn't considered but makes total sense. In my case, it might actually be possible since the circumstances that led to me getting custody weren't contentious - more about them not being able to provide a stable home right now. I'll approach them carefully about providing something in writing. It's so reassuring to hear from someone who successfully went through this process. Some days I feel like I'm drowning in paperwork and phone calls, but knowing that persistence pays off gives me the motivation to keep pushing forward. These kids deserve all the support they can get, and your encouragement means a lot!

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As someone new to this community but dealing with a similar custody situation, I wanted to thank everyone who has shared their experiences here. Reading through all these responses has been incredibly educational and reassuring. I'm particularly grateful for the practical tips about documentation and the information about state kinship care programs - I had no idea those existed! The advice about applying for multiple programs simultaneously rather than waiting to perfectly meet requirements for one program is something I wish I'd known earlier. One thing I'm curious about - for those who successfully got benefits approved, approximately how long did it take from your initial application to receiving your first payment? I'm trying to plan financially and want to have realistic expectations about the timeline. Diego, I hope you're able to get connected with SSA soon and that your situation qualifies for the emergency exceptions several people mentioned. Your grandchildren are lucky to have someone willing to fight through all this bureaucracy for them!

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Welcome to the community! I'm also new here but have been following this thread closely as I'm in a somewhat similar situation with my niece. From what I've gathered from the responses, it seems like the timeline can vary quite a bit - some people mentioned 5 months, others said it took almost a year. It sounds like having all your documentation organized upfront (like that spreadsheet idea for tracking expenses) can help speed things up. I'm also really glad to learn about the state kinship care programs - that seems like it could provide some immediate relief while waiting for the federal benefits to get sorted out. The advice about applying for everything simultaneously makes so much sense too, even if you're not sure you qualify yet. Diego, I'm rooting for you! The fact that your custody change was due to emergency circumstances sounds like it should help with getting exceptions to some of those requirements. Keep us posted on how it goes!

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I've been working with families in similar situations for several years, and I wanted to add a few important points that might help: First, regarding the one-year support requirement - SSA does have exceptions for "emergency situations" which can include sudden custody changes due to parental incarceration, abandonment, or unsafe living conditions. The key is demonstrating that the custody change was necessary and immediate, not planned. Your court custody papers will be crucial here. Second, I'd strongly recommend contacting your local Area Agency on Aging or disability advocacy groups. Many have staff who specialize in SSA issues and can help you navigate the process or even accompany you to appointments. They're often more familiar with local SSA office procedures and which representatives are most helpful. Third, when you do get your appointment, ask specifically about "deemed filing" - this allows SSA to consider your application date as the date you first contacted them about benefits, even if you don't have all documentation ready immediately. This can be important for back payments. Finally, don't overlook temporary assistance programs while you wait. TANF kinship care grants, emergency food assistance, and utility assistance programs can provide immediate relief. Your children's school counselor or social worker might also know about local resources specifically for kinship families. The system is complex, but you're not alone in this. Keep advocating for those kids - they're fortunate to have you in their corner.

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Thank you so much for this comprehensive information! The point about "deemed filing" is something I hadn't heard before and sounds really important - I'll make sure to ask about that specifically when I finally get my appointment scheduled. I'm also grateful for the suggestion about contacting the Area Agency on Aging or disability advocacy groups. Having someone who knows the local SSA office procedures sounds incredibly valuable, especially since I keep getting different information each time I call. The idea of having an advocate accompany me to the appointment is appealing too - I feel like I might miss important details or not ask the right questions on my own. Your point about this being an "emergency situation" gives me hope that we might qualify for exceptions to some requirements. The custody change was definitely sudden and necessary due to unsafe living conditions, so I'll make sure to emphasize that and bring all the court documentation. I hadn't thought about contacting the children's school counselor about local kinship resources either - that's such a practical suggestion. It sounds like there might be more support available than I realized, which is encouraging when everything feels so overwhelming right now. Thank you for taking the time to share your expertise. It means a lot to know there are people who understand how complex this system is and are willing to help families navigate it!

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I'm new to this community but wanted to share something that might help while you're waiting for the SSA benefits to get sorted out. When I took custody of my nephew last year, our local church had a "kinship care ministry" that provided monthly grocery assistance and helped with school supplies. I had no idea these faith-based support networks existed until someone mentioned it at my nephew's school. Even if you're not particularly religious, many of these programs help anyone caring for children in kinship situations. The pastor at the church near us connected me with three other grandparents in similar situations, and we ended up forming our own little support network - sharing resources, carpooling to appointments, even just having people to vent to who actually understood what we were going through. I'd also suggest reaching out to your local 211 service (dial 2-1-1) - they have a database of all kinds of assistance programs in your area that you might not know about. When I called them, they found programs I never would have thought to look for, including a local nonprofit that helps with utility bills specifically for kinship caregivers. Diego, hang in there! The bureaucracy is awful, but there are more resources and support systems out there than you might realize. Your grandkids are so lucky to have someone fighting this hard for them.

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This is such wonderful advice about faith-based and community support networks! I hadn't even thought about reaching out to local churches or calling 211. It's amazing how many resources exist that we don't know about until someone points us in the right direction. The idea of connecting with other grandparents or kinship caregivers in similar situations sounds incredibly valuable - not just for practical resources but for the emotional support too. This whole process can feel so isolating when you're trying to figure everything out on your own. I'm definitely going to call 211 tomorrow to see what programs might be available in my area. And even though I'm not particularly religious either, I love the idea that many faith communities are willing to help anyone caring for children, regardless of your personal beliefs. It really shows how communities can come together to support families in need. Thank you for sharing these practical suggestions and for the encouragement. It's reassuring to know that there are people who've walked this path successfully and are willing to share what they've learned with newcomers like me!

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I'm new to this community but wanted to share my experience as someone who recently went through a similar process. I got custody of my two grandchildren about 8 months ago when their mother was no longer able to care for them, and I was also receiving SSDI at the time. What I learned is that the SSA process can be really overwhelming, but there are some things that helped me get through it more smoothly. First, I kept extremely detailed records from day one - not just receipts, but also a journal documenting the children's living situation, school attendance, medical appointments, everything that showed they were dependent on me for support. The one-year support requirement does have exceptions, and it sounds like your situation with the "difficult family circumstances" might qualify. In my case, the SSA worker accepted that the custody change was an emergency situation, which helped waive some of the typical waiting periods. One thing that really made a difference was getting help from a local disability advocacy organization. They had someone who specialized in SSA cases and knew exactly what documentation would be most convincing. They even helped me prepare for my appointment so I knew what questions to ask and what information to emphasize. Also, while you're waiting for the SSA benefits to get approved, definitely look into your state's kinship care programs and SNAP benefits. These can provide immediate assistance with food and other necessities. The kinship care caseworker in my area was actually much easier to work with than SSA and got approved within a few weeks. Don't get discouraged by the bureaucracy - it's frustrating for everyone, but persistence really does pay off. Your grandchildren are fortunate to have someone who cares enough to fight through all this red tape for them!

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This is incredibly helpful and reassuring to read! I'm also new to navigating this system and it's overwhelming trying to figure out where to start. Your point about keeping detailed records from day one is something I keep seeing mentioned - it seems like documentation really is key to making the process go more smoothly. I'm particularly interested in your mention of the disability advocacy organization that helped you prepare for your SSA appointment. Do you remember what type of organization it was or how you found them? I think having someone who understands the system guide me through the process would be invaluable, especially since I keep getting different information every time I call SSA. It's also encouraging to hear that your situation qualified for exceptions to the typical requirements due to emergency circumstances. That gives me hope that others in similar situations might have success with the same approach. Thank you for sharing your experience and for the reminder that persistence pays off. It's easy to get discouraged when dealing with so much bureaucracy, but hearing from people who've successfully navigated this process really helps keep things in perspective!

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I'm new to this community and just wanted to say how grateful I am for all the detailed advice everyone has shared here. I'm in the early stages of a similar situation - recently gained custody of my teenage nephew - and reading through these responses has been incredibly educational. The recurring themes I'm seeing are really helpful: document everything from day one, apply for multiple programs simultaneously rather than waiting, and don't underestimate the value of local advocacy organizations and community support networks. I had no idea about things like kinship care programs, 211 services, or that faith-based organizations often help regardless of religious affiliation. Diego, I hope you're able to get connected with SSA soon using some of the strategies people have mentioned (like that Claimyr service or calling right at 8am). Your situation with the emergency custody change sounds like it should qualify for exceptions to some of the typical requirements based on what others have shared. One question for the group - has anyone had success with getting their state representatives' offices involved when dealing with particularly difficult SSA cases? I've heard that sometimes contacting your congressman's office can help cut through bureaucratic delays, but I'm not sure if that actually works in practice. Thank you all for creating such a supportive and informative discussion. It's reassuring to know there are communities like this where people share practical advice and encouragement for navigating these complex systems!

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Welcome to the community! Your question about contacting state representatives is actually a really good one. I haven't personally used that approach, but I know several people who have had success getting help from their congressman's office when they hit roadblocks with federal agencies like SSA. Most representatives have constituent services staff who specialize in helping people navigate federal bureaucracy. They can't change the rules, but they can sometimes help speed up the process or get you connected with the right person when you're stuck in endless phone loops. It's definitely worth trying if you've exhausted other options. The key things I've learned from this thread that I'm planning to implement in my own situation: start that detailed expense tracking immediately, reach out to local advocacy groups, call 211 to find community resources I didn't know existed, and apply for everything simultaneously rather than waiting to perfectly meet requirements. Diego, I'm also hoping that Claimyr service or the early morning calling strategy helps you get through to someone soon. The fact that so many people here have eventually succeeded gives me hope that persistence really does pay off, even when the system feels impossibly complicated. Thanks everyone for sharing such practical, detailed advice. This thread has been more helpful than hours of trying to navigate government websites!

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I'm new to this community but wanted to share some additional resources that might help while you're navigating the SSA process. As someone who works with families in kinship care situations, I've seen how overwhelming this can be, but there are a few things that might provide some immediate relief. First, contact your state's Department of Human Services about emergency kinship care assistance - many states have expedited programs for situations exactly like yours where custody changed suddenly due to family crisis. These can provide immediate financial assistance while you wait for federal benefits. Second, reach out to your local Legal Aid Society. They often have advocates who specialize in SSA cases and can help you prepare your application and documentation. They know which local SSA offices are most helpful and can sometimes facilitate faster appointments. Third, don't overlook the Children's Health Insurance Program (CHIP) for immediate healthcare coverage for the kids while other benefits are pending. This is often much faster to get approved than other programs. Finally, document that court custody order date carefully - if SSA determines your situation qualifies as an emergency placement, they may backdate benefits to when you first gained custody rather than when you applied. This could mean a significant difference in back payments. Keep fighting for those kids - the system is complicated but there are people and programs designed to help families like yours succeed!

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