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?
34 comments


StarStrider
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.
0 coins
Zara Ahmed
•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?
0 coins
Luca Esposito
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!!!
0 coins
Zara Ahmed
•Oh no, that sounds awful! Did your sister eventually get it resolved? I'm worried about the same thing happening to us.
0 coins
Luca Esposito
•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!!
0 coins
Nia Thompson
Having dealt with the SSA for our family's benefits, I highly recommend using Claimyr (claimyr.com) to connect with an actual SSA agent quickly. Regular phone lines had me waiting for hours or getting disconnected, but Claimyr got me through to an agent in about 15 minutes. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. For complex situations like yours involving adoption and multiple benefit types, speaking directly with an SSA representative is really the safest approach. It saved me so much frustration when sorting out my disabled daughter's benefits.
0 coins
Zara Ahmed
•I hadn't heard of this service before. Calling SSA has been incredibly frustrating - I spent over an hour on hold yesterday before getting disconnected. I'll check out the video, thanks!
0 coins
Mateo Rodriguez
•I used this last month when I was trying to fix a payment issue. Definitely better than waiting on hold for 3 hours! You still talk to the same SSA people, just gets you through the phone maze faster.
0 coins
Aisha Abdullah
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.
0 coins
Ethan Wilson
•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??
0 coins
Aisha Abdullah
•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.
0 coins
NeonNova
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!!!
0 coins
Mateo Rodriguez
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.
0 coins
Zara Ahmed
•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?
0 coins
Mateo Rodriguez
•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.
0 coins
Ethan Wilson
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!!!!!
0 coins
Aisha Abdullah
•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.
0 coins
StarStrider
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.
0 coins
Zainab Omar
•This is really useful information about SSI! I hadn't even thought about that possibility. When you mention "properly designated account" - does this mean we need a special type of bank account for his Social Security benefits? We've just been depositing them into a savings account we opened for him. Also, what exactly do they want to see in the annual representative payee accounting? Is it just receipts for things we've spent the money on for his care?
0 coins
Lydia Santiago
I'm going through a similar situation with my nephew who we adopted last year. One thing that hasn't been mentioned yet is the timing of when you apply for retirement benefits. If you're planning to retire within the next year or two, you might want to consider applying for benefits a few months before the adoption is finalized - this could help establish his eligibility on your record before any potential confusion about the adoption paperwork. Also, I learned that if you're the representative payee for his current survivor benefits, you'll automatically become the representative payee for any additional benefits he receives on your record. This simplifies things because you won't need separate appointments or paperwork for that role. One last tip: when you go to SSA, ask them to run a "benefit estimate" showing exactly what his monthly payment would be under different scenarios. This helped us understand the financial impact before making any decisions. They can show you what he'd get if he only had survivor benefits vs. what he'd get with the combined benefits after you retire.
0 coins
Ethan Taylor
•This is such valuable advice about timing the retirement application! I hadn't thought about applying for benefits before the adoption is finalized. That's a really smart strategy to avoid potential complications. The benefit estimate idea is brilliant too - it would be so helpful to see the actual numbers before making any decisions. One question about the representative payee situation - when you say it transfers automatically, does that mean we don't need to fill out any additional forms with SSA, or is there still some paperwork involved when the adoption is complete? I want to make sure we don't miss any required steps that could delay his benefits. Thanks for sharing your experience with this process - it's reassuring to hear from someone who's actually navigated these same waters!
0 coins
Jace Caspullo
I work for a legal aid organization that helps families navigate SSA benefits, and I want to emphasize a few critical points that haven't been fully addressed: First, DOCUMENT EVERYTHING. Create a timeline showing when your grandson started receiving survivor benefits, when you obtained guardianship, and when the adoption will be finalized. This helps SSA workers understand the sequence of events. Second, request a "proactive review" of his case before the adoption is finalized. Ask SSA to flag his file so they know an adoption is coming and can prepare for the transition. This prevents the common problem where one department doesn't know what another department is doing. Third, be aware that there's often a brief processing period (usually 1-2 months) after adoption where benefits might be temporarily delayed while SSA updates their systems. Plan financially for this possibility. Finally, consider consulting with an elder law attorney who specializes in Social Security. Many offer free consultations for cases like this, and they can help you navigate the complex interaction between survivor benefits, adoption law, and retirement benefits. The consultation fee is usually worth it to avoid costly mistakes. The bottom line: your grandson's financial security is protected, but you need to be proactive with SSA to ensure smooth transitions.
0 coins
Diego Fernández
•This is incredibly thorough advice, thank you! I especially appreciate the point about requesting a "proactive review" - that's not something I would have thought to ask for, but it makes perfect sense to get ahead of potential system issues. The idea of consulting with an elder law attorney is also really smart. Do you have any suggestions for finding attorneys who specifically handle Social Security adoption cases? I'm wondering if there are certain questions I should ask during a consultation to make sure they have experience with this exact type of situation. Also, when you mention the 1-2 month processing delay, would that affect both his existing survivor benefits AND any new benefits from our retirement, or just the new benefits? I want to make sure we're prepared for all possibilities. Your point about documenting everything resonates - I'm going to start putting together that timeline right away. Thank you for sharing your professional expertise on this!
0 coins
Klaus Schmidt
•As someone who went through this exact process with my adopted daughter, I can't stress enough how important the documentation advice is! I created a binder with copies of everything - guardianship papers, benefit award letters, death certificates, school records, medical records - basically anything that showed the timeline and our relationship to her. When we met with SSA, having everything organized in chronological order made the process so much smoother. One thing I'd add to the excellent advice here: ask SSA to give you a written summary of what they tell you during your appointment. I learned this the hard way when different representatives gave me conflicting information over the phone. Having it in writing helped when I had to call back later to clarify discrepancies. Also, the processing delay typically only affects new benefits, not existing ones. Your grandson's survivor benefits should continue uninterrupted during the adoption transition. The delay usually comes when they're calculating and setting up any additional benefits he might qualify for on your retirement record. Good luck with the adoption process - it sounds like your grandson is lucky to have such caring and thorough grandparents looking out for his future!
0 coins
Luca Conti
As a newcomer to this community, I'm amazed by how helpful and detailed everyone's responses have been! I'm actually in a somewhat similar situation with my adopted nephew (age 8) who receives survivor benefits from his biological father, and my sister and I are considering what happens when we retire. Reading through all these responses, I wanted to add one thing I learned from our family's experience: if you're dealing with multiple SSA offices (which sometimes happens with complex cases like this), make sure each office has the same information. We had issues where the local office had different notes in their system than the 1-800 number representatives were seeing. Also, I noticed several people mentioned getting conflicting information from different SSA representatives. One tip that helped us: when you call, ask for the representative's name and employee ID number, and document the date/time of your call along with what they told you. This creates an accountability trail if you need to reference the conversation later. @Zara Ahmed - your grandson is so fortunate to have grandparents who are being this thoughtful about his financial future. The fact that you're researching all this before finalizing the adoption shows incredible foresight. Best wishes with the process!
0 coins
Natasha Ivanova
•Thank you so much for the warm welcome and for sharing your experience with your nephew's situation! Your tip about getting the representative's name and employee ID is brilliant - I wish I had thought of that during my frustrating call yesterday. I'm definitely going to start doing that going forward. The point about multiple SSA offices having different information is really concerning but good to know about. I hadn't even considered that possibility, but it makes sense that their systems might not always sync perfectly. I'll make sure to ask each office to confirm they have the most current information in our case. It's so reassuring to connect with others who understand how complex these multi-generational benefit situations can be. Reading everyone's experiences here has given me so much more confidence about navigating this process. I'm feeling much more prepared now than I was when I first posted! Thank you for the kind words about looking out for our grandson's future. This community has been incredibly helpful - I'm so glad I found this place to get real-world advice from people who've actually been through similar situations.
0 coins
Arjun Kurti
Welcome to the community! I'm new here too, but I wanted to share something that might help with your situation. My family went through a similar process when we adopted my brother's daughter after he passed away. One thing I learned that hasn't been mentioned yet is to ask SSA specifically about "deemed filing" rules when you apply for your retirement benefits. Since you mentioned you're both 63 and planning to retire soon, there are some timing considerations that could affect your grandson's benefits. If you file for retirement benefits before your full retirement age, it might impact the calculation of his auxiliary benefits on your record. Also, I'd recommend asking SSA to provide you with a detailed breakdown of how they calculate the "combined family maximum" in writing. In our case, the representative explained it verbally, but having the actual formula and numbers on paper helped us understand exactly why his benefit amount was what it was. The other thing that was really helpful for us was creating a simple spreadsheet tracking all his current benefits (amounts, payment dates, etc.) before we started the process. This made it much easier to spot any changes or issues once the new benefits kicked in. Good luck with everything! It sounds like you're being incredibly thorough, which will definitely help ensure everything goes smoothly.
0 coins
Abby Marshall
•Welcome to the community as well! Thank you for bringing up the "deemed filing" rules - that's something I hadn't considered at all, and since we're both under our full retirement age, this could definitely impact our grandson's benefits. I'll make sure to ask SSA specifically about this when we meet with them. The idea of getting the combined family maximum calculation in writing is excellent advice. Like you mentioned, having the actual numbers and formula on paper would help us understand exactly what's happening with his benefits and why. It would also be good documentation to have if we need to reference it later or if there are any discrepancies. Your suggestion about creating a spreadsheet to track his current benefits is really smart too. I'm going to start that right away - it will give us a baseline to compare against once any changes are made. Plus, it will probably be helpful for the annual representative payee reporting that was mentioned earlier in this thread. It's so valuable hearing from people who have navigated these exact situations. Thank you for sharing your family's experience and for the practical tips! This community has been such a goldmine of real-world advice.
0 coins
Zane Hernandez
As someone new to this community, I'm really impressed by the depth of knowledge and experience everyone has shared here! I'm currently helping my elderly parents navigate some Social Security questions, so this thread has been incredibly educational. One thing I wanted to add that might be helpful - if you end up needing to visit multiple SSA offices or deal with different representatives, consider asking for a "case summary" to be added to your grandson's file. This is essentially a note that explains the unique circumstances of his case (adoption, existing survivor benefits, etc.) so that any representative who pulls up his file will immediately understand the complexity of the situation. I learned this tip from a social worker friend who deals with SSA regularly. She said it can prevent a lot of the confusion and conflicting information that seems to be common with complex cases like yours. The representative can add this summary during your initial appointment to discuss the adoption impact. Also, @Zara Ahmed, you might want to ask SSA if they can provide you with a written timeline of when different actions need to be taken (notifying them of the adoption completion, applying for retirement benefits, etc.). Having clear deadlines and action items could help ensure nothing falls through the cracks during what's already an emotionally significant process. Best of luck with both the adoption and navigating the SSA process!
0 coins
Ryder Everingham
•Welcome to the community! That's such a valuable tip about requesting a "case summary" to be added to the file - I never would have thought to ask for that, but it makes perfect sense. Having all the unique circumstances documented upfront could save so much time and confusion down the road, especially given how many people have mentioned getting different answers from different representatives. The idea of getting a written timeline with specific deadlines is brilliant too. With everything we're juggling between the adoption process and planning our retirement, having clear action items and dates would definitely help us stay organized and make sure we don't miss any critical steps. I really appreciate you taking the time to share these insights even though you're new to the community as well. It shows how helpful everyone here is! Your social worker friend's advice about the case summary could be a game-changer for anyone dealing with complex SSA situations. Thank you for the well wishes on both fronts - the adoption and SSA navigation. This community has given me so much more confidence about handling this properly. Best of luck helping your parents with their Social Security questions too!
0 coins
Liam O'Sullivan
As a newcomer to this community, I'm really grateful to have found this thread! I'm in a somewhat similar situation with my adopted granddaughter (age 9) who receives survivor benefits from her mother. My husband and I are considering early retirement next year, so reading through everyone's experiences here has been incredibly valuable. One thing I wanted to add that might help - when we first started navigating SSA with our granddaughter's benefits, we discovered that keeping a detailed log of every interaction was crucial. I created a simple notebook where I record the date, time, representative's name/ID, phone number or office location, and exactly what was discussed or decided. This has been invaluable when following up on previous conversations or when getting conflicting information. Also, I noticed several people mentioned the importance of bringing multiple documents. In our experience, SSA sometimes requests additional documentation that you might not expect. Along with the adoption decree and birth certificates that others mentioned, consider bringing school enrollment records, medical records, and any court documents related to guardianship. Having everything with you can prevent additional trips. @Zara Ahmed - your proactive approach to researching this before the adoption is finalized is so smart! Based on what everyone has shared, it sounds like your grandson will be well-protected financially. The complexity can seem overwhelming, but this community has shown there are people who've successfully navigated these exact waters. Thank you to everyone who shared their experiences - this thread is going to be a great resource for families in similar situations!
0 coins
Yara Nassar
•Welcome to the community! Your advice about keeping a detailed log is spot-on - I wish I had started doing that from the beginning. I'm definitely going to create a similar notebook system going forward. The idea of recording the representative's ID number along with their name is particularly smart, especially after reading about all the conflicting information people have received. Your point about bringing extra documentation is really helpful too. I've been focused on the obvious documents like the adoption decree and birth certificates, but I hadn't thought about school records or medical documents. It makes perfect sense to over-prepare rather than have to make multiple trips, especially when dealing with something this important. It's so reassuring to connect with someone in such a similar situation with your granddaughter! The fact that you're also considering early retirement next year makes your perspective especially relevant. Have you had any preliminary conversations with SSA yet about how your retirement might affect her benefits? I'm curious if you've encountered any of the same questions about timing that others have mentioned. Thank you for the encouraging words about our proactive approach. This community has been such an incredible resource - I feel so much more prepared now than when I first posted. Best of luck with your own retirement planning and navigating your granddaughter's benefits!
0 coins
Abigail Spencer
As someone new to this community, I'm really touched by how supportive and knowledgeable everyone has been in helping @Zara Ahmed navigate this complex situation. Reading through all these responses has been incredibly educational! I wanted to add one perspective that might be helpful - I work as a paralegal at a firm that handles family law cases, including adoptions, and we often coordinate with families on Social Security benefit transitions. One thing we always recommend is creating what we call a "benefit transition binder" that includes not just the documents others have mentioned, but also a one-page summary sheet that clearly outlines: - Current benefit amounts and sources - Key dates (when benefits started, guardianship date, expected adoption finalization) - Your retirement timeline - Questions you need answered Having this summary sheet as the first page helps SSA representatives quickly understand your situation without having to dig through all the paperwork. We've found it significantly reduces confusion and speeds up the process. Also, consider asking your adoption attorney if they have any experience with Social Security benefit transitions. Some attorneys who frequently handle these cases have established relationships with local SSA offices and can provide valuable insights about which representatives are most knowledgeable about complex cases. The level of care and preparation you're showing for your grandson's future is truly admirable. Best wishes with both the adoption finalization and the benefit transition process!
0 coins
Freya Andersen
•Welcome to the community! Your suggestion about creating a "benefit transition binder" with a summary sheet is absolutely brilliant - that's such a professional and organized approach that I never would have thought of. Having everything laid out clearly on one page would definitely help SSA representatives understand our situation quickly without getting lost in all the paperwork. The idea about asking our adoption attorney about their experience with Social Security benefit transitions is really smart too. We've been so focused on the legal aspects of the adoption that I hadn't considered they might have insights about the SSA side of things. If they do have established relationships with local offices, that could be incredibly helpful. I'm definitely going to create that summary sheet you described - it sounds like it would be useful not just for SSA appointments but also for our own reference as we navigate this process. Having all the key information in one place would help ensure we don't forget to mention important details during meetings. Thank you for sharing your professional expertise and for the kind words about our approach. It's so reassuring to get advice from someone who works with these types of cases regularly. This community has been such an amazing resource - I feel so much more confident about handling this properly now!
0 coins