Social Security benefits for adopted grandchildren - should I switch from deceased parent's record to my retirement record?
I became the legal guardian of my two grandsons (ages 7 and 9) after my son passed away last November. The boys started receiving survivor benefits in December based on their dad's work record, but he hadn't worked consistently for several years before his passing. My wife and I completed the formal adoption process in March 2025. We're both retired (I filed for SS retirement last December, my wife in January 2025), and I'm thinking our benefit amounts might provide larger payments for the boys than what they're currently getting on their dad's record. I'm the representative payee for both children, and they each have their own separate accounts where I deposit their benefits. Their mother occasionally visits but hasn't been involved financially or legally for years. Would switching the basis of their benefits to my record be advantageous? Has anyone gone through this process of changing benefit sources after adoption? Any advice would be appreciated.
18 comments
Dyllan Nantx
Yes, this could definitely be a good move financially! When you adopt children, they become eligible for benefits based on your record. Since you mentioned your work history is likely stronger than your son's, the benefit amount for the boys would probably increase. You'll need to contact SSA and inform them of the adoption. Bring certified copies of the adoption papers to your appointment. They'll recalculate the benefits and determine which record (yours or your late son's) provides the higher amount. SSA will always pay the higher benefit. One thing to note: there is a family maximum benefit that applies to your record, which could limit the total amount your household receives. But it's definitely worth checking into!
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Destiny Bryant
•Thank you for the information! Do you know if there's any risk of them losing benefits during the transition period? I'm concerned about any gaps in payment while they process the change.
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TillyCombatwarrior
i went thru something similar with my niece last yr. make sure u bring EVERYTHING to ssa - birth certificates adoption papers death cert for ur son ur ss cards etc etc. they kept asking me for more papers every time i went in it was so frustrating!!!
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Destiny Bryant
•Thanks for the heads up. Did they keep paying benefits during the process or was there a period where payments stopped?
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Anna Xian
This sounds like a good plan but I WARN YOU the family maximum is going to bite you!! My sister adopted her grandkids and when they calculated everything, the increase wasn't as much as she thought because of that stupid family maximum limit thing. They take the total benefits everyone can get on your record and cap it!! It's SO FRUSTRATING how the SSA has all these rules that nobody tells you about until AFTER you've gone through all the paperwork. Still probably worth doing but just be prepared to be disappointed!
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Dyllan Nantx
•The family maximum is frustrating, but it's still worth checking what the boys would get on OP's record. Even with the family max, it could be higher than what they're getting now, especially if their dad didn't have a long work history.
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Jungleboo Soletrain
I'm a benefits counselor and work with these situations regularly. Here's what you should know: 1. Benefits for adopted grandchildren on your record can be up to 50% of your Primary Insurance Amount (PIA) 2. There's indeed a Family Maximum Benefit (typically 150-180% of your PIA) that limits the total benefits payable on your record 3. If your wife is also collecting on your record, that affects the family maximum calculation 4. The good news: SSA will calculate which scenario is more beneficial - continuing survivor benefits on your son's record OR switching to benefits on your record 5. They will pay whichever amount is higher, and there shouldn't be any gap in payments You should definitely pursue this. Schedule an appointment with SSA (don't just walk in) and bring certified adoption documents, death certificate, and your ID. The fact that you're already their representative payee will simplify the process.
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Destiny Bryant
•This is incredibly helpful information! My wife is actually collecting on her own record, not mine, so maybe that helps with the family maximum situation? I'll definitely schedule an appointment rather than walking in.
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Rajan Walker
I tried getting through to SSA for 3 weeks for a similar situation with my adopted niece. Kept getting disconnected or waiting for hours. Someone told me about this service called Claimyr (claimyr.com) that gets you through to an agent without the wait. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - saved me so much frustration! The SSA agent told me that adopted grandchildren benefits can actually be quite a bit higher depending on your earnings record compared to their parent's.
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Nadia Zaldivar
•Did this actually work? I'm always skeptical of services that claim to get you through government phone lines. Anyone else tried it? I've been trying to reach SSA for days about a similar issue.
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Lukas Fitzgerald
I know you're asking about benefits but have you updated their social security cards too? After we adopted our grandkid we had to get a new SS card with the new last name and it was a whole separate process from the benefits part. Just a heads up!
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Destiny Bryant
•Thank you for mentioning this! We actually kept their last names the same to minimize disruption for them, but that's a really good point I hadn't considered.
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Nadia Zaldivar
When my partner and I adopted my niece after my sister died, we found that the benefit on my record was actually lower than what she was getting on my sister's record. SSA kept her on the higher benefit (my sister's), which surprised me. Just be aware that they'll compare the two and go with whatever gives your grandsons more money. In our case, even though I had higher lifetime earnings, my sister was younger when she died which somehow resulted in a higher benefit calculation for my niece.
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Jungleboo Soletrain
•This is an excellent point. Survivor benefits include a special calculation that can sometimes result in higher payments than dependent benefits on a living person's record. It relates to the age at death and their earnings history. The SSA calculation takes both scenarios into account and will award the higher amount.
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TillyCombatwarrior
make sure u keep the money separate!!! my friend got in big trouble bcuz she mixed her grandsons benefits with her own money. the ssa is super strict about that!!
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Destiny Bryant
•Yes, definitely! That's why I set up separate accounts for each of them right away. I keep meticulous records of how every dollar is spent on their behalf.
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Jungleboo Soletrain
One more important point: If you decide to switch the boys to your record, you'll need to file SSA-4-BK (Representative Payee Report) for the benefits they received under their father's record before closing that out. This is basically an accounting of how you spent their benefits. Keep all documentation of how their current benefits are being used for their care, education, etc. The transition from one benefit type to another often triggers a review of the previous benefits management.
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Destiny Bryant
•I've been keeping careful records of all expenses related to the boys, so hopefully completing this form won't be too difficult. Thanks for the heads up about the likely review!
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