Social Security SSDI benefits for adopted child - backdated to petition filing or finalization date?
Hey everyone, I recently finalized the adoption of my 12-year-old daughter after being her foster parent for almost 2 years. I receive SSDI benefits due to a back injury that left me unable to work about 3 years ago. The adoption decree specifically states that she legally became my child on the date the adoption petition was filed (June 2024), not just on the finalization date (September 2024). I'm trying to figure out if she's eligible for dependent benefits from the petition filing date or only from the finalization date? That's a 3-month difference in back pay, which would really help with all the expenses I've had getting her settled. The local SSA office gave me conflicting answers - first they said benefits only start at finalization, then another person suggested it might be from the petition date since the decree specifically mentions that's when she legally became my child. Has anyone else gone through something similar with SSDI and adoption? What documentation did SSA require? I'm planning to file the application next week but want to be prepared!
22 comments
Sean O'Donnell
Congratulations on your adoption! Based on my experience working with several families in similar situations, SSA typically recognizes the child's eligibility from the date of the legal relationship - which in your case sounds like the petition date since your decree specifically states that. Make sure to bring: 1. The original adoption decree (especially since it mentions the petition date as when she legally became your child) 2. The petition filing documentation showing that June 2024 date 3. Birth certificate 4. Your SSDI award letter Be prepared to explain/point out the specific language in the decree about when she legally became your child. Some SSA agents are more familiar with this situation than others.
0 coins
StarSeeker
•Thank you so much! I have all those documents ready. Do you know if they'll want to see her previous birth certificate or just the amended one with my name on it? The amended one is still being processed and might not arrive before our appointment.
0 coins
Zara Ahmed
my sister adopted her nephew and ss gave her backpay from when she first got custody not the final adoption date but she had to fight for it tbh. bring ALL ur paperwork
0 coins
StarSeeker
•That's good to know! Did she have to appeal or did she just have to be persistent with the initial claim? I'm worried about getting someone who doesn't understand the rules correctly.
0 coins
Luca Esposito
The key issue here is when the legal parent-child relationship was established according to state law, which is what SSA follows. If your adoption decree explicitly states the legal relationship began on the petition date, that's significant. SSA's POMS section GN 00306.135 addresses this specifically. They recognize the parent-child relationship from the date specified in the adoption decree under state law. Most states consider the relationship established at finalization, but if your decree specifically says otherwise, that's what controls. Bring multiple copies of everything and be prepared to reference the specific parts of the decree that establish the earlier date. You might also want to bring any state statutes that support this interpretation if available.
0 coins
StarSeeker
•Wow, thank you for this specific information! I'll look up that POMS section. I wasn't aware of these specific regulations. I'm in Arizona if that helps with any state-specific information.
0 coins
Luca Esposito
•Arizona is actually one of the states that can recognize the parent-child relationship from before finalization if specified in the court order. Your decree saying she became your legal child from the petition date is exactly the kind of language that would support the earlier date. Just be prepared for the possibility that the first SSA representative you speak with might not be familiar with this nuance - sometimes you need to politely request a supervisor or someone who specializes in adoption cases.
0 coins
Nia Thompson
I went through this EXACT situation last year when I adopted my granddaughter! The SSA office kept giving me the runaround about the date. I ended up spending 3 HOURS on hold trying to reach someone at the SSA who could give me a straight answer!!! Eventually I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 20 minutes. The agent I spoke with confirmed that benefits should start from the date that the court order says the legal relationship began. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU Saved me days of frustration. The SSA eventually approved my granddaughter's benefits from the earlier date, but I had to be VERY specific about pointing out the language in the court documents.
0 coins
Mateo Rodriguez
•does this claimyr thing really work??? ive been trying to get thru to ssa for WEEKS about my disability review!!
0 coins
StarSeeker
•Thank you for sharing this! The hold times have been ridiculous lately. I'll check out that service if I can't get through. Did you have to bring anything special to prove the earlier date besides the court documents?
0 coins
GalaxyGuardian
The date question depends on STATE LAW not what the SSA worker thinks!!! I fought this battle when I adopted my nieces after my sister passed. SSA denied the earlier date TWICE before I finally got someone who knew what they were doing. DON'T GIVE UP if the first person says no!!! Ask to speak to a Technical Expert who specializes in adoptions. They have them but you have to specifically ASK! Make COPIES of everything because they lost my paperwork the first time and I had to start all over again. The system is BROKEN!
0 coins
StarSeeker
•I'm sorry you had to go through all that. I'll definitely ask for a Technical Expert if I run into problems. Did you end up getting back pay from the earlier date eventually?
0 coins
GalaxyGuardian
•YES but it took 4 MONTHS and multiple visits!!! The backpay came all at once about 6 weeks after they finally approved it. Don't cash the first check they give you if it's not the right amount because that can be seen as accepting their decision!!! Wait until they fix it!!
0 coins
Aisha Abdullah
congrats on ur adoption! i think it depends on the state tbh. my cousin got benefits for her adopted kiddo from the day the judge signed off on everything not before. but maybe thats bc her paperwork was different than yours?
0 coins
StarSeeker
•Thanks! Yeah, I think the key difference might be that my decree specifically mentions the earlier date as when she legally became my child. Every state and situation seems a bit different.
0 coins
Sean O'Donnell
Something else to consider: when you file, make sure to specify that you're requesting dependent benefits retroactive to the petition date. If you don't specifically request this, they'll often default to the finalization date. If you receive any pushback, ask them to document in your file that you're requesting benefits based on the specific language in your adoption decree that establishes the earlier legal relationship date. This creates a paper trail if you need to appeal. Also, be aware that there's a 6-month limit on retroactive SSDI dependent benefits, but since both dates are within the last 3 months, that shouldn't be an issue for you.
0 coins
StarSeeker
•That's a really helpful tip about specifically requesting the retroactive benefits to the petition date. I'll make sure to do that and ask them to document it in my file. Thank you!
0 coins
Zara Ahmed
Just wondering is the kid getting any other benefits? My friend's adopted daughter was getting survivor benefits from her bio dad and she had to choose between those and the SSDI from the adoptive dad cause they said she couldn't get both.
0 coins
StarSeeker
•No, she's not receiving any other benefits. That's good information though - I didn't realize children couldn't receive both types of benefits simultaneously.
0 coins
Luca Esposito
•That's correct. If a child could qualify for benefits on more than one record, SSA will pay the higher benefit amount, but not both. It's called the Maximum Family Benefit rule. After adoption, a child generally loses eligibility for benefits on the biological parent's record, but there are some exceptions for step-parent adoptions.
0 coins
Mateo Rodriguez
i'm dealing with ssi not ssdi but when i got custody of my grandson they backpaid from when i applied not when i got custody so maybe its different for every situation?? the whole system is so confusing!!!!
0 coins
Sean O'Donnell
•SSI and SSDI have different rules for retroactive payments. For SSI, payments generally begin from the application date. For SSDI dependents, benefits can be paid retroactively for up to 6 months before the application date, as long as the eligible relationship existed during that time. That's why the OP's question about when the legal relationship began is so important.
0 coins