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Can adopted grandchild receive Social Security survivor benefits from deceased parents AND benefits from adoptive grandparents?

I'm in a complicated situation with Social Security benefits for our grandson (6). He currently receives survivor benefits from both his biological parents who passed away in a car accident two years ago. My wife and I have had legal guardianship since then, but we're now finalizing his adoption. We're both 63 and planning retirement within the next year or two. I'm confused about how adoption affects his existing survivor benefits. Does he: 1) Keep receiving survivor benefits from his biological parents until 18, AND potentially qualify for benefits from us (especially me since I was the higher earner) when we retire? 2) Lose his current survivor benefits once adopted and only receive benefits based on our records? 3) Have to choose between the two benefit sources? Also wondering about the family maximum benefit (FMB) calculations. If he can receive both types of benefits, would they be subject to the same FMB cap, or calculated separately since they come from different SSNs? We want to make the best decision for his financial security, but the SSA website doesn't specifically address adoption's impact on existing survivor benefits. Any insights from those who've navigated this?

StarStrider

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I can help with this as I've been through something similar. When you adopt your grandson, he'll maintain his survivor benefits from his biological parents until age 18 (or 19 if still in high school). The adoption doesn't affect those benefits - they're based on his biological parents' earnings records. When you and your wife file for retirement benefits, your grandson will also be eligible for child's benefits on your record (or your wife's, but they'll use the higher earner). Here's the key point: he cannot receive full amounts from both sources. SSA will pay the survivor benefits first, then add enough from your record to reach the higher amount if your benefit would be more. For example, if he gets $750 monthly in survivor benefits, but would qualify for $1000 on your record, he'll get the $750 survivor benefit plus $250 from your record. Regarding the Family Maximum Benefit - these are calculated separately since they come from different earnings records. The FMB on your record would affect any benefits paid to him based on your record, but wouldn't impact his survivor benefits.

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Zara Ahmed

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Thank you so much for this detailed explanation! That makes sense about getting the difference if my benefit would be higher than his current survivor benefits. Do you happen to know if we need to notify SSA about the adoption when it's finalized, or will they automatically know? And will his benefit amount change at all after the adoption is complete?

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Luca Esposito

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my sister went thru this with her step-grandson and the whole thing was a NIGHTMARE!!! ssa kept giving different answers every time she called!!! one person said the kid would lose everything after adoption, then another said he'd keep it all. took them 6 months to figure it out!!!

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Zara Ahmed

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Oh no, that sounds awful! Did your sister eventually get it resolved? I'm worried about the same thing happening to us.

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Luca Esposito

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yeah but only after she got REALLY pushy and demanded to speak to supervisors. dont let them push you around! make sure you get everything in writing too!!

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Nia Thompson

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Zara Ahmed

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Mateo Rodriguez

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Aisha Abdullah

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To add some precision to the previous responses: 1. Your grandson will continue receiving survivor benefits based on his biological parents' earnings records after adoption. This is protected under the Social Security Act. 2. When you or your wife file for retirement benefits, he becomes eligible for child's benefits on the higher earner's record. 3. He won't receive full amounts from both sources. SSA applies what's called the "combined family maximum" in these cases. He'll receive whatever is higher: either the survivor benefit alone OR a combination that equals the higher benefit amount. 4. You MUST notify SSA when the adoption is finalized - this won't happen automatically. Bring the final adoption decree to your local SSA office. 5. His SSN will remain the same, but SSA will update their records to show you and your wife as his parents. I recommend scheduling an appointment with SSA specifically to discuss how this adoption will affect benefits. Ask for a "technical expert" who handles these more complex situations.

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Ethan Wilson

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Is the "combined family maximum" the same thing as the normal family maximum? My sister has 3 kids getting survivor benefits and they told her there was a cap on the total they could receive... is this different??

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Aisha Abdullah

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No, they're different concepts. The regular Family Maximum Benefit (FMB) limits the total benefits payable on one worker's record. The combined family maximum applies specifically to children eligible for benefits on multiple records (like in this case - benefits from biological parents AND adoptive parents). The combined maximum ensures a child doesn't receive the full amount from multiple sources, but rather the higher of the two benefit calculations.

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NeonNova

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just make sure you keep good records of EVERYTHING!! I got told 3 different things by SSA about my granddaughter's benefits and they LOST our paperwork twice. take pictures of everything you submit!!!

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Mateo Rodriguez

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My husband and I adopted our grandson after our daughter passed, and he was 7 at the time. He kept getting his survivor benefits from her record. When my husband retired at 65, we applied for additional benefits for our grandson on his record. SSA did the calculations and he got a small additional amount because my husband's benefit calculation was slightly higher. They review it annually. It was a pretty smooth process BUT we had to be very clear with SSA that this was what we were trying to do. The first person we talked to didn't understand what we were asking.

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Zara Ahmed

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This is so helpful to hear from someone who's been through almost exactly our situation! Did you have any issues with the paperwork during the process? How long did it take from when you applied for the additional benefits until they started coming?

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Mateo Rodriguez

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It took about 3 months from application to first payment. The main issue was the SSA worker initially tried to stop his survivor benefits when we applied for benefits on my husband's record. We had to be very clear that we weren't switching benefits, just seeing if he qualified for additional. Bring the adoption papers AND his original birth certificate showing biological parents. They needed both.

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Ethan Wilson

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What about if your grandson gets disability later?? My friend's adopted son got SSDI and they made him choose between SSDI and survivor benefits from bio parents. Don't know if it's the same for retirement tho?? SSA rules are SO CONFUSING!!!!!

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Aisha Abdullah

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That's a different situation. With SSDI (disability insurance benefits) based on the child's own work record as an adult, different rules apply. For minor children receiving benefits on parents' records (either biological or adoptive), the rules allow for potential benefits from multiple sources, subject to the combined maximum limitation I described earlier. The original poster is asking specifically about child's benefits for a minor, not adult disability benefits.

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StarStrider

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One more thing I didn't mention earlier - when your grandson turns 16, you should look into whether he qualifies for SSI (Supplemental Security Income) in addition to his Social Security benefits. The income limits are strict, but if his combined Social Security benefits are below the threshold, SSI could provide additional monthly support. This becomes his own benefit based on age and limited income, separate from either survivor or retirement-based benefits. Also, ensure you're keeping his benefits in a properly designated account. Benefits paid to children require annual representative payee accounting to SSA, and they can audit how funds are being used. I recommend setting up a dedicated account just for his benefits to make this reporting easier.

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