Can non-biological grandchildren qualify for Social Security benefits when being raised by a beneficiary in a common-law marriage?

Thank you for explaining - that's disappointing but helpful to know. We never formally adopted them since I already had conservatorship. Would it make any difference if we legally got married, or would they still need to be adopted?

This is accurate. Social Security eligibility for grandchildren requires either: 1) The children must be legally adopted by the beneficiary, or 2) The children's biological parents must be deceased or disabled, AND the children must have begun living with the grandparent before age 18, AND received at least half their support from the grandparent. In a common-law situation, the non-biological relationship makes it particularly complicated. I'd recommend scheduling an appointment with SSA to discuss your specific case as there may be other programs the children qualify for.

I completely agree with this advice. You need to speak directly with SSA. I was trying to get through to them for weeks about a similar dependent situation (though with stepchildren, not grandchildren). I ended up using a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes instead of waiting on hold for hours. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. It was worth it to finally get straight answers about our complex family situation. The agent I spoke with was able to look at our specific case details and give guidance that I couldn't find anywhere online.

We're in Colorado. The biological father isn't in the picture (whereabouts unknown for years) and the mother is struggling with addiction issues but not officially disabled. I'm actually their maternal grandmother. Sounds like adoption might be our only option, though at their ages (14 and 16) I'm not sure if that makes sense now.

While I understand your frustration, Colorado does recognize common-law marriage, which is a positive in this situation. However, for the grandchildren specifically, since they're not the biological children of either partner and not legally adopted, they likely wouldn't qualify under regular dependent benefits. That said, the OP should still contact SSA directly as there may be specific circumstances that could affect eligibility, or there might be other programs the children qualify for that SSA could direct them to.

That's a good point. SSI (Supplemental Security Income) is needs-based and doesn't require a specific relationship to a beneficiary. However, it's for people with limited income and resources who are disabled, blind, or age 65+. Unless the grandchildren have qualifying disabilities, they wouldn't be eligible for SSI based solely on financial need. But again, this underscores why speaking directly with SSA about your specific situation is so important.

Good luck! One last thought - check if either of the biological parents might have work credits with Social Security. If the mother has enough work credits and qualifies as disabled due to her addiction issues (even if not officially designated as disabled yet), the children might qualify for benefits on HER record. It's worth asking SSA about this possibility too!

This is really valuable insight, thank you! I hadn't considered the student benefits angle - that could actually make a big difference for college planning. The streamlined stepparent adoption process in Colorado sounds promising too, especially since we already have the conservatorship established. Do you happen to know roughly how long that process typically takes? With the kids being 14 and 16, timing could be important for maximizing any potential benefits. I'll definitely look into family law attorneys who specialize in these situations. Really appreciate you sharing your professional perspective!