Can my adopted child get survivor benefits if my wife died before adoption was finalized? SS says I need a lawyer

I'm so sorry for your loss. This is a really tough situation. The rules around survivor benefits are COMPLICATED especially with adoption. I think they might be right that you need a lawyer because this is a grey area. The important thing is whether your daughter was "dependent" on your wife at the time of her death, which could be argued since you both were in the process of adopting her and providing care. Did your wife's name appear on any of the temporary custody papers?

I work with Social Security cases, and this is definitely a complex situation. The general rule is that for adoptions, the child must have been living with and receiving at least half support from the wage earner (your wife) at the time of death. The key factors in your case: 1. Your wife was part of the custody arrangement before passing 2. The child was living in your home and being financially supported by both of you 3. The adoption was in process but not finalized There are special provisions for stepchildren and children in the process of adoption. You definitely have a case worth pursuing. If you decide to fight for these benefits, collect all documentation showing your wife's involvement in the custody and adoption process, any financial support she provided, and her intent to adopt.

Did SSA give u any specific regulation or rule when they denied it? They like to just say no without explaining WHY. My experience is they often dont even know their own rules!!! Ask them to cite the specific regulation. Make them SHOW you why they're denying it. Don't just take a random worker's word.

so sorry about your wife. that's really tough. i went through something similar with my nephew but it was different because i was his blood relative. does your daughter have any biological connection to your wife? that might make a difference with the benefits situation.

You definitely need to speak with an attorney who specializes in Social Security law. This is a nuanced case that falls in a grey area. The legal standard centers on whether your daughter was "dependent" on your wife at the time of her death. Given that you all were living together, both supporting her, and actively working toward adoption, there's a strong case to be made. Importantly, there's a provision in SS regulations (20 CFR § 404.357) regarding equitable adoption that might apply here. Even if an adoption isn't legally completed, Social Security sometimes recognizes what's called an "equitable adoption" if you can prove the intent to adopt and that you were acting as parents. The fact that both you and your wife were named in custody documents and that the adoption process was actively underway strengthens your case. I'd recommend consulting with an attorney who can properly advise you on how to present this to SSA.

I had a nightmare time trying to get through to SSA when dealing with my mom's survivor benefits. I spent WEEKS trying to get someone on the phone who could actually help. After getting nowhere, I found a service called Claimyr (claimyr.com) that got me connected to a real person at SSA in about 20 minutes instead of waiting on hold for hours. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU Definitely worth it when you need to discuss something complicated like your case. The agent I spoke with actually knew the regulations and helped me understand my options instead of just brushing me off.

Have you tried visiting your local SS office in person? Sometimes they're more helpful face to face than over the phone. Bring ALL your documentation with you - the custody papers, death certificate, adoption papers, everything. Don't leave anything at home!

One more important thing - if you do pursue this and are successful, benefits could potentially be retroactive to when your wife passed away, which would be significant. However, there are limitations on retroactive payments, usually 6 months from application date, but sometimes they make exceptions. Also, know that children's benefits from a deceased parent continue until age 18 (or 19 if still in high school). The benefit amount is generally 75% of the deceased parent's primary insurance amount. If your daughter is now around 11 years old (based on the timeline you shared), that could mean potentially 7+ years of monthly benefits, which is substantial. The attorney fees for Social Security cases are typically capped and only paid if you win, so it might be worth pursuing even with legal costs.

Think carefully about how to approach this. You mentioned SSA told you the date of your call would be the cutoff for retroactive benefits. That means you're already potentially entitled to some back payments from that date if you win your case. Don't start a new application if you can help it - try to reference your previous inquiry so you don't lose that retroactive date. Did they give you any kind of confirmation number or documentation from that earlier call?

Just curious - did you or your wife pay into Social Security? If your wife didn't have enough work credits that could be another issue. For survivor benefits the deceased needs 40 credits (10 years work) OR if they died young sometimes fewer credits. But SOMEONE needs to have paid in for benefits to be available.

Based on everything you've shared, I believe you have a case worth pursuing. The fact that: 1. You both had legal custody before your wife passed 2. You were actively in the adoption process 3. You were providing support and care for the child 4. Your wife had sufficient work credits All point to a potential approval with proper representation. I'd suggest: 1. Contact the National Organization of Social Security Claimants' Representatives (NOSSCR) to find a qualified attorney 2. Gather ALL documentation showing the timeline of custody, adoption process, and your wife's involvement 3. Request a formal reconsideration rather than just calling again 4. Reference your previous inquiry to maintain the retroactive date I've seen cases like yours succeed, but they typically require persistence and proper legal representation.