Can my grandson get Social Security benefits from my retired husband's record as his legal guardians?

grandkids cant usually get benefits unless their parents are deceased or disabled. legal guardianship isnt enough i dont think. my sister tried this and got denied

The previous commenter is generally correct. Under Social Security rules, for a grandchild to receive benefits on a grandparent's record, one of these conditions must typically be met: 1. The grandchild's biological parents are deceased or disabled, OR 2. The grandchild was legally adopted by the grandparent. Legal guardianship alone usually isn't sufficient for benefit eligibility. Since you mentioned the parents are alive and not receiving disability, your grandson likely wouldn't qualify for benefits on your husband's record unless you've formally adopted him. However, it might still be worth contacting SSA directly to discuss your specific situation, as there can sometimes be exceptions depending on the full details of your case and the specifics of the guardianship arrangement.

I work with families in similar situations, and there's actually one more possibility worth exploring. If your grandson was living with your husband before he started receiving retirement benefits, AND if your husband was providing at least 50% of your grandson's support before he became entitled to benefits, there's a chance he might qualify under what's called the "dependency" provisions for grandchildren. This is outlined in the Social Security Program Operations Manual System (POMS) section GN 00306.235. Not many people know about this option, but it does exist. The timing is very specific though - the support and living arrangement had to be established before your husband started receiving his benefits.

The problem with SSA is getting someone on the phone to actually discuss your case!! I tried calling for WEEKS about my own grandkid situation and kept getting disconnected after waiting for hours!!! So frustrating. When I finally got through, they gave me wrong info the first time anyway!!! 😤

u should also look into whether your state has any benefits for grandparents raising grandkids... my aunt gets some kind of stipend through our state's kinship care program that has nothing to do with social security

One more thing to consider: If you or your husband formally adopt your grandson, he would then be eligible for benefits as a dependent child until he turns 18 (or 19 if still in high school). The benefit would typically be about 50% of your husband's primary insurance amount, subject to the family maximum. However, adoption is a significant legal step that terminates the biological parents' rights. If the parents are still involved in any way, this could be complicated. You might want to consult with a family law attorney to discuss the implications before pursuing this route. Based on what you've shared about your grandson already living with you before your husband's benefits began, I'd recommend pursuing the grandchild dependency angle first by scheduling an appointment with SSA. Bring documentation showing when guardianship was established and evidence of financial support.

my friend's situation was kinda like yours and she said the SSA people actually told her different things depending who she talked to!! make sure u take notes and get names when u call!!

Just wanted to add that if you do end up pursuing the dependency route that Diego mentioned, make sure you have solid documentation of your grandson's living situation from before your husband started benefits. SSA will want to see proof like school records showing your address, medical records with you listed as guardian, tax returns claiming him as dependent, etc. The more paper trail you have showing continuous care and support, the stronger your case will be. Also consider reaching out to your local SSA office for an in-person appointment rather than just calling - sometimes it's easier to explain complex family situations face-to-face.

I went through something very similar with my granddaughter a few years ago. The key thing that helped us was getting organized before going to SSA. I made copies of everything - guardianship papers, school enrollment forms showing our address from day one, medical records with us listed as guardians, and most importantly our tax returns showing we'd claimed her as a dependent every single year. When I finally got to speak with someone knowledgeable at SSA (took three tries!), they were able to approve benefits under the dependency provisions because we had clear proof she'd been in our care and financially dependent on us before my husband started collecting. The whole process took about 6 weeks once we submitted everything. Don't give up if the first person you talk to says no - ask to speak with a supervisor or someone who specializes in family benefit cases. Good luck!

I'm new to this community but have been dealing with a similar situation with my nephew. One thing I learned from my caseworker is that you should also ask SSA specifically about the "one-third support test" when you meet with them. Even if your grandson doesn't qualify under the standard dependency provisions, there's sometimes wiggle room if you can prove you've been providing more than one-third of his support consistently. Also, if your husband has any military service history, there might be additional veteran benefits to explore through the VA that could help with raising your grandson. It's worth checking multiple avenues since every little bit helps when you're raising grandkids on a fixed income.

I've been working as a benefits specialist for over 15 years and want to emphasize something important that others have touched on - timing is absolutely crucial with SSA dependency cases. The fact that your grandson was living with you and financially dependent on your husband BEFORE he started receiving retirement benefits is key to the dependency provisions under POMS GN 00306.235. When you gather your documentation, make sure to highlight the timeline clearly. You'll want to show that the support relationship was established well before your husband's benefit entitlement date. This distinguishes your case from situations where grandparents try to claim benefits after the fact. Also, don't be discouraged if you encounter initial resistance from SSA staff. These dependency cases for grandchildren are less common, so not every representative is familiar with the specific provisions. If needed, reference POMS GN 00306.235 directly and ask them to review that section. Sometimes having the specific regulation number helps move things along. Best of luck with your case - it sounds like you have a strong foundation with 8 years of guardianship and financial support!