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Mei Zhang

Can a 13-year-old disabled child collect SS benefits from custodial great-grandmother instead of deceased parent?

I'm in a complicated situation with my granddaughter (13) who I've had full legal custody of since my son passed away from an unexpected heart condition 5 years ago. She has significant disabilities including non-verbal autism and requires constant care and therapy appointments. Currently, she receives survivor benefits on my deceased son's Social Security record along with Medicaid coverage. My question is about maximizing her benefits. I'm 73 and collect both Social Security retirement (about $2,450/month) and a pension from my federal government career. Since I have full legal custody and she lives with me, can my granddaughter qualify for benefits on MY Social Security record instead of my son's? His work history was limited (he was only 29) and I've heard her benefit might be higher based on my 40+ years of work. Also, would I be eligible for any additional "child-in-care" benefits as her custodial guardian? And most importantly - would any changes affect her Medicaid coverage? She absolutely cannot lose her healthcare as her therapy and medical costs would be impossible for me to cover out-of-pocket. I'd really appreciate any guidance - this is all so overwhelming and I just want to make sure she's getting everything she's entitled to. Her older siblings are now adults, but she'll need support for her lifetime.

Liam McGuire

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omg same boat here !! my sister died and i got custody of her kid who has downs syndrome. we tried to switch to my record but was told no because theres this thing called "most advantageous benefit" where SSA just pays whichever is higher automatically. is your granddaughter getting SSI too? thats different from survivor benefits and based on disability

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Mei Zhang

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Thanks for your response. No, she's not getting SSI - just the survivor benefits from my son's record. I wasn't aware of the "most advantageous benefit" rule. I wonder if they've actually compared both options? I never specifically asked about using my record instead.

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Amara Eze

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Let me help clarify a few things here: 1. Your granddaughter CAN potentially receive benefits on your record instead of your son's if that would result in a higher benefit amount. This is called the "dual entitlement" provision. 2. The child can only receive benefits from one worker - whichever provides the higher benefit amount (this is the "most advantageous benefit" rule). 3. For the child-in-care situation - that would only apply if you were receiving spouse's benefits. Since you're receiving your own retirement benefit, there's no additional child-in-care benefit for you. 4. CRITICALLY IMPORTANT: Any changes could potentially affect her Medicaid eligibility depending on your state's rules. If her Social Security benefit increases significantly, it might push her over income limits for Medicaid. I strongly recommend scheduling an appointment with SSA to do a benefit calculation comparison and also speak with your state Medicaid office about how benefit changes might impact her healthcare coverage. The increase in Social Security might not be worth losing Medicaid.

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Mei Zhang

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Thank you so much for this detailed explanation. I'm very concerned about the Medicaid issue - she absolutely cannot lose that coverage. I'll definitely contact our state Medicaid office before making any changes. Do you know if there's any way to protect her Medicaid while exploring the higher benefit option?

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You might want to look into a special needs trust for your granddaughter!! We set one up for my nephew and it helps protect benefits while still providing extra support. Talk to a disability attorney tho not just SSA

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Mei Zhang

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Thank you - I've heard about special needs trusts but haven't pursued setting one up. That's good advice about consulting a disability attorney rather than just relying on SSA.

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NeonNomad

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I went through HELL trying to get answers from Social Security about my disabled grandson's benefits last year. Waited on hold for HOURS multiple days and kept getting disconnected. Finally found a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 5 minutes! They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU The agent was able to run calculations for both my record and my daughter's record to show which one would pay more. Turns out my grandson was already getting the higher amount, but at least I knew for sure. Definitely worth checking into for your situation.

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omg need to try this!! been calling for WEEKS about my daughters benefits!!

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Mei Zhang

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That sounds like exactly what I need. I've been dreading the endless phone tree and wait times. I'll check out that service - thanks for sharing your experience!

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I manage a disability law practice, and I want to emphasize how crucial it is to understand the difference between SSDI-based benefits (what your granddaughter likely receives as survivor benefits) and SSI benefits. They have COMPLETELY different rules regarding Medicaid. If your granddaughter receives Survivor benefits through SSDI (Social Security Disability Insurance) and has Medicaid through your state's disability program, switching to a higher benefit on your record could indeed jeopardize her Medicaid eligibility. However, many states have Medicaid waiver programs specifically for disabled children that have higher income limits or disregard certain income. Each state administers these differently. Also, once she turns 18, the rules change again as she'll be evaluated as an adult for disability purposes. I strongly recommend two actions: 1. Contact your state's Disability Rights organization (every state has one) for free guidance 2. Consult with a special needs planning attorney who can help with benefits preservation strategies

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Question - does the fact that she was disabled BEFORE age 22 affect anything about how her benefits will work when she turns 18? I've heard there's special rules about that but not sure what they are.

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Yes, absolutely! If she's determined to have been disabled before age 22, she can continue to receive benefits on her father's record (or potentially your record) even after turning 18, as what's called a "Disabled Adult Child" (DAC) or "Childhood Disability Beneficiary" (CDB). This is EXTREMELY important because it can provide lifelong benefits. She'll need to undergo a redetermination at age 18 using adult disability criteria, but having established disability documentation throughout childhood significantly helps this process. Another critical point: DAC benefits can continue indefinitely as long as she remains unmarried and disabled. This is why proper planning now is so important.

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Liam McGuire

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my friends kid lost medicaid when his ss benefits went up just $87!! the medicaid income limits are RIDICULOUS

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Mei Zhang

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That's terrifying to hear. Her medical and therapy needs are so extensive, losing Medicaid would be catastrophic for us, even with a higher SS benefit. I'm beginning to think I should leave everything as is rather than risk her healthcare coverage.

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Have y'all considered the ABLE account option for disabled kiddos? It's like a special savings account where you can put money without it counting against benefit eligibility limits. My daughter has one and it's been super helpful for all her extra expenses that SS doesn't cover. Just throwing that out there as another option besides a special needs trust (which is way more complicated).

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Amara Eze

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This is excellent advice. ABLE accounts are much simpler to establish than special needs trusts and allow up to $16,000 in annual contributions. Assets in an ABLE account (up to $100,000) don't count toward resource limits for SSI or Medicaid eligibility. The funds can be used for a wide range of disability-related expenses including therapy, medical care, assistive technology, education, housing, transportation, and more. Just note that ABLE accounts are only available to individuals whose disability onset was before age 26, and each beneficiary can have only one ABLE account. You can learn more at https://www.ablenrc.org/

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The whole Social Security system is designed to confuse people and deny benefits!! I spent TWO YEARS fighting for my son's disability benefits while working with an advocate. Your granddaughter is ENTITLED to whichever benefit is higher - her father's or yours. But the SSA won't automatically check this for you. You need to specifically request a benefit comparison calculation. BUT - and this is the critical part everyone misses - if her survivor benefits go up even slightly, she could lose Medicaid which would be DEVASTATING for a child with autism and medical needs. The system is cruel that way. I would: 1) Check with Medicaid FIRST about income limits 2) Set up an ABLE account as mentioned by others 3) Consider a special needs trust for any inheritance planning 4) Get EVERYTHING in writing from SSA

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Mei Zhang

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Thank you for this passionate response. I definitely feel the system is working against us sometimes. I'll follow your advice on checking with Medicaid first, that seems to be the consensus here. And getting everything in writing is something I wouldn't have thought of - that's excellent advice.

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Liam McGuire

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one thing nobody mentioned - make sure ur doing guardianship paperwork before she turns 18!!! we didnt realize we needed that and it was a NIGHTMARE when my nephew turned 18 even tho he functions like a 7 yr old

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Mei Zhang

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Oh my goodness, that's something I hadn't even considered yet. She's only 13 but I should definitely start learning about guardianship requirements now. I appreciate you bringing this up!

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Taylor Chen

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I'm a retired SSA employee and wanted to add some clarity to this discussion. First, your granddaughter can indeed potentially receive benefits on your record if it would be higher - this is called "dual entitlement" and SSA is supposed to automatically pay whichever is higher, but sometimes you need to specifically request the comparison. However, I want to echo the Medicaid warnings here - this is CRITICAL. Many states have "spend down" programs or disability waivers that might protect her coverage even with higher income, but you absolutely must verify this BEFORE making any changes. A few additional points: - At 73, your benefit amount is likely significantly higher than your son's was at 29, so there's a good chance she'd get more on your record - She should qualify as a "child disability beneficiary" which means benefits can continue past 18 if she remains disabled - Document everything about her current medical needs and expenses - this will be important for both SSA and Medicaid reviews I'd strongly recommend visiting your local SSA office with all her medical documentation and requesting a formal benefit calculation comparison. Don't rely on phone calls for something this important.

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