< Back to Social Security Administration

Finnegan Gunn

Can grandson receive Social Security benefits through disabled grandparent with SSDI?

Hi everyone. I'm trying to navigate a complicated family situation with Social Security benefits. My husband started receiving SSDI about 2.5 years ago after a construction accident left him unable to work. We recently discovered that our son (age 3, turning 4 next month) was eligible for auxiliary benefits, and we just got that approved with about 12 months of back payments. Here's where it gets complicated - my husband has full legal custody of his grandson who's now 12. The boy has lived with us since he was born. The biological mother is not in the picture due to court orders (severe substance abuse issues), and the biological father is unknown. We've raised him completely. Now I'm wondering if our grandson would also qualify for benefits through my husband's SSDI like our biological son does? The custody situation isn't adoption - it's a permanent legal guardianship with full custody. Has anyone navigated something similar? Would SS treat him the same as our biological son for benefit purposes?

Miguel Harvey

•

Yes, your grandson might qualify for benefits! The key thing is the legal relationship. Social Security can pay benefits to grandchildren if: 1. The child's parents are deceased or disabled, OR 2. The grandchild was legally adopted by the grandparent, OR 3. The grandchild was living with and financially dependent on the grandparent before they became disabled Since you have legal guardianship and he's been with you since birth, it sounds like #3 might apply in your case. You'll need to prove dependency and the living situation existed before your husband's disability began. I'd recommend gathering: - Legal custody documents - School records showing your address - Medical records showing you as guardians - Tax returns showing you claimed him as dependent Take all this to your local SSA office and apply for benefits for him.

0 coins

Finnegan Gunn

•

Thank you so much for this detailed response! We definitely have all those documents - tax returns, school records, medical forms, everything going back to his birth. My husband's disability began in 2022, and we've had our grandson since 2013, so that timeline works. Do you know if we would also be eligible for any back pay for him like we received for our biological son? Or is it only going forward from when we apply?

0 coins

Ashley Simian

•

my sister went thru something similar with her step-grandkid. SS denied it at first but she appealed and won. the key was proving the kid was DEPENDENT on her husband before he got disabled. like financially dependent. you should be ok since youve had him since birth. good luck!!!

0 coins

Finnegan Gunn

•

That's really encouraging to hear! We've definitely been financially supporting him 100% since birth. Did your sister have to go through a lot of appeals or just one? I'm trying to mentally prepare for how complicated this might get.

0 coins

Ashley Simian

•

just one appeal and she brought TONS of paperwork. like medical bills she paid, school forms, everything showing she was taking care of him. the more proof the better!!!

0 coins

Oliver Cheng

•

I hate to be that person, but be prepared for a frustrating experience with SSA. They make EVERYTHING so complicated, especially for non-traditional family situations. My brother tried getting benefits for his step-daughter and they denied it THREE TIMES before finally approving it. The system is BROKEN!!! Make copies of EVERYTHING. Record every conversation if you can. Get names of every person you talk to. They will lose your paperwork, I guarantee it. And when they deny you the first time, APPEAL IMMEDIATELY. Don't give up! The backpay should be retroactive to when your husband first started receiving SSDI if you can prove the dependency existed then. But again, be prepared to FIGHT for it.

0 coins

Taylor To

•

While there can certainly be challenges, I think it's important to note that grandchild claims aren't automatically denied. The key is understanding exactly what SSA requires for proof and providing complete documentation. The three requirements for grandchild benefits are clearly spelled out in their policy: 1. The child must have begun living with the grandparent before age 18 2. The child must have received at least half their financial support from the grandparent in the year before the disability onset 3. The child's natural parents must be deceased or disabled, OR the grandparent must be legally responsible for the child's welfare The third requirement can be met through legal guardianship documentation, which it sounds like they have. With proper documentation, these claims can be approved on the first try.

0 coins

Ella Cofer

•

my cousin gets ss for her grandson so yes its possible. not sure about the details tho

0 coins

Kevin Bell

•

I wanted to share my experience trying to call the Social Security office about a similar situation. I spent over 2 hours on hold and then got disconnected TWICE. I was about to give up when someone told me about this service called Claimyr that got me through to an agent in under 20 minutes. You can check them out at claimyr.com - they have a video showing how it works: https://youtu.be/Z-BRbJw3puU It saved me so much frustration. I definitely recommend calling and speaking directly to an SSA agent about your grandson's situation since it's a bit complicated. They can check your specific circumstances and tell you exactly what documentation you'll need.

0 coins

Finnegan Gunn

•

Thank you for this! I was dreading the phone calls. I've already tried calling twice and waited over an hour before having to hang up for school pickup. I'll definitely check this out because I think we really need to speak to someone directly about our situation.

0 coins

Is there any chance you could go for legal adoption instead of just guardianship? My understanding is that adoption makes things MUCH clearer with Social Security. With guardianship, you have to prove all those dependency factors, but with adoption, the child is legally yours and automatically qualifies (assuming all other criteria are met). Just a thought if the biological mother already has terminated rights and father is unknown...

0 coins

Finnegan Gunn

•

We've actually considered adoption but there are some Medicaid benefits he receives due to his special needs that are tied to his current legal status. The social worker advised us that changing to adoption might disrupt those benefits. It's such a complicated situation trying to balance all the different systems.

0 coins

Oh that makes sense! Definitely don't mess with his Medicaid if he has special needs. The system makes things so unnecessarily complicated sometimes.

0 coins

Miguel Harvey

•

Regarding your backpay question - SSA can provide retroactive benefits for up to 6 months before the application date for SSDI auxiliaries (like your grandson would be). So you probably won't get benefits going all the way back to when your husband started receiving SSDI, but you could get 6 months of backpay if approved. Also, keep in mind there's something called the "family maximum" that limits the total amount one SSDI record can pay out to auxiliaries. So adding your grandson might slightly reduce what your son receives, but overall your household would receive more total benefits.

0 coins

Finnegan Gunn

•

Thank you for explaining this! I had no idea about the family maximum - that's really important to know. So even if the individual amounts adjust slightly, we'd still be better off overall with both children receiving benefits.

0 coins

Ashley Simian

•

what about the biological mother? if she ever applied for benefits for him before that could complicate things. just something to think about

0 coins

Finnegan Gunn

•

As far as we know, she never applied for any benefits for him. She's never been in a stable enough situation to handle that kind of paperwork, unfortunately. But that's definitely something we'll mention when we apply, just to make sure there aren't any conflicts.

0 coins

Taylor To

•

One important clarification about dependent grandchildren: SSA has specific requirements about the status of the natural parents. Generally, for a grandchild to qualify: - Both parents must be deceased or disabled, OR - You must have legal adoption, OR - You must have legal guardianship AND prove the child was dependent on you Since you have legal guardianship, you'll need to address the status of the biological parents. For the unknown father, SSA will likely require some documentation stating he's not in the picture (your guardianship papers may cover this). For the mother, having court documents showing she's legally barred from contact will help your case. When you apply, bring: 1. Your grandson's birth certificate 2. Legal guardianship papers 3. Court orders regarding the biological mother 4. Any documentation about the unknown father 5. Proof of living arrangements (school records, medical records, etc.) 6. Proof of financial support (tax returns, expense records) Applying at your local SSA office in person is usually more effective for complex cases like this.

0 coins

Finnegan Gunn

•

This is incredibly helpful - thank you! We do have court documents clearly showing the mother's situation and explaining that the father is unknown. I'll gather everything you listed and try to make an in-person appointment. Would it be better to bring our grandson with us to the appointment, or is this something we can handle without him being present?

0 coins

Taylor To

•

You shouldn't need to bring your grandson to the appointment. The documentation is what matters most. However, make sure you have his Social Security number and any other identifying information they might ask for. I'd recommend calling ahead to schedule an in-person appointment rather than walking in, as these complex cases can take time to review.

0 coins

I work as a benefits advocate and see these cases regularly. Your grandson should absolutely qualify based on what you've described. The key factors working in your favor are: 1. You've had legal guardianship since birth (well before your husband's disability) 2. You've provided 100% financial support 3. The biological parents are effectively out of the picture legally A few practical tips from my experience: - When you apply, emphasize the TIMELINE - that your grandson was living with and dependent on you BEFORE your husband became disabled in 2022 - Bring bank statements or receipts showing you paid for his expenses (medical, school, clothing, etc.) - If you have any old tax returns where you claimed him as a dependent, those are gold - Consider bringing a letter from his school or doctor confirming your role as his guardians The process can take a few months, but with your documentation it should go smoothly. And yes, you should get some retroactive benefits - likely 6 months back from your application date, possibly more depending on when SSA determines he became eligible. Don't let the horror stories discourage you. Well-documented cases like yours get approved more often than not.

0 coins

Ellie Perry

•

This is exactly the kind of expert perspective I was hoping for! Thank you so much for breaking this down so clearly. I feel much more confident about moving forward now. We definitely have all the documentation you mentioned - tax returns going back to 2013, medical records, school enrollment forms, everything showing we've been his primary caregivers and financial support. The timeline aspect is really reassuring since we've had him for 9 years before my husband's disability started. I'm going to organize all our paperwork and call to schedule an in-person appointment this week. It's so helpful to hear from someone who actually works with these cases regularly rather than just guessing about the process. One quick question - should I mention that he also receives some Medicaid benefits currently, or could that potentially complicate things?

0 coins

Airin Wesley

•

@Chad Winthrope Question if anyone is still here. I am currently on my Dad s'benefits as a DAC. He has never been in my life except at birth when he signed my birth certificate. I only qualify because around two years ago he was approved. I am also collecting SSI in the amount of $297 so supplment my dad s'DAC because his DAC is lower then the federal max of SSI. I want to know if I can be switched to my deceased grandfather s'benefits since his would be higher. I was born in march of 1990. I lived with him until 9 years old when he died in june of 1999. He was collecting both social security and military benefits years before I was even born. He also provided financial support for me the entire 9 years. His benefits paid the entire rent, utilities, and food for the entire household. My mom wasn t'able to because she did not make enough. I was on SSI for that time because she could not afford to pay for me. She was also on Welfare too. I have my DIBWIZ report that shows the address of the apartment I lived with my grandfather at the time of his death. And his last address that we lived at together is on his birth certificate. My grandmother was also receiving his benefits at the time of his death as well. Do I qualify for his Survivor Benefits? Or able to switch to his benefits from my dad s?'My mother and father were NOT receiving their own benefits at the time because they did not qualify. Dad was not even in the picture. Dad only recently around two years ago got benefits and he s'still not in the picture. Mom is still working because she still can t'receive her benefits. So, given my situation and in the past, Would I qualify to be switched to my grandfather s'benefits? Or is it not even worth calling the SSA about it?

0 coins

Social Security Administration AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today