Social Security options after adopting baby at 60 with deceased husband's benefit - survivor vs. retirement?
I officially adopted my great-niece last month at age 61 (just had my birthday) after having custody since she was born in Jan 2024. My husband passed away in 2021 and was receiving $2,100/month from Social Security when he died. I know I'm eligible for survivor benefits since I'm over 60, but now with a 1-year-old dependent, I'm completely lost on what this means for both of us. I work full-time making around $72K, and based on my SS statement, my own FRA benefit will be higher than my late husband's. Should I take survivor benefits now? Wait? Does my adopted baby qualify for anything? I feel like I need a spreadsheet to figure this all out! Has anyone navigated this situation before? My job is stable but not my passion - wondering if these benefits could help me shift to part-time to focus more on raising my daughter.
18 comments
Naila Gordon
Congratulations on the adoption! You have several options here with some important timing considerations: 1. You CAN claim survivor benefits now at age 61, but they'll be reduced to about 71.5% of your husband's full benefit because you're claiming before your FRA. 2. Your adopted child is eligible for survivor benefits based on your deceased husband's record - up to 75% of his benefit amount. 3. Since your own retirement benefit will be higher, you could take reduced survivor benefits now and then switch to your own benefit at FRA or even delay until 70 for maximum amount. 4. IMPORTANT: The earnings test applies until you reach FRA (if you're under FRA and working). For 2025, you can earn up to $22,320 without reduction, but above that they deduct $1 for every $2 you earn. With your salary of $72K, the earnings test would significantly reduce any survivor benefits you'd receive while working. Might make sense to wait if you plan to continue working at that income level.
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Ben Cooper
•Thank you so much! I had no idea my baby could qualify for benefits too. So if I understand correctly, with my current salary, it probably doesn't make sense for ME to claim survivor benefits yet because of the earnings limit... but my daughter could still get benefits based on my deceased husband's record? Even though she's not biologically related to him? That would be a huge help for childcare costs!
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Cynthia Love
wait i'm confused can u even get benefits for a kid who isn't related to him? my cousin tried this and got denied bc the kid wasnt biologically his
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Darren Brooks
•Yes, legally adopted children ARE eligible for survivor benefits! I went through this exact situation. As long as the adoption is legally finalized (which OP said it is as of Feb 2025), the child qualifies the same as a biological child. Your cousin's situation was probably different - maybe the adoption wasn't finalized yet or there were other complicating factors.
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Rosie Harper
I think you're in what's called a "child-in-care" situation which changes things. If you're caring for a child under 16 who receives benefits based on your deceased spouse's record, you might qualify for the "mother's/father's benefit" which doesn't have the same age reduction factors as regular survivor benefits. However, with your current income, the earnings test would likely wipe out most or all of these benefits until you reach your FRA. The child's benefits wouldn't be affected by YOUR earnings though. Your best strategy depends on your long-term plans: 1. If continuing to work at current income: Child applies for survivor benefits now, you wait until closer to FRA or switch to part-time work 2. If reducing work hours now: Both you and child apply for survivor benefits (though yours would be reduced by earnings test) 3. If working to 70: Child gets survivor benefits now, you wait until 70 to maximize your own retirement benefit The family maximum benefit (FMB) might come into play here too, which caps the total amount payable on one worker's record.
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Elliott luviBorBatman
•This is such a complicated situation! My sister had something similar happen and SSA kept giving her conflicting info every time she called. She spent MONTHS trying to get it sorted out and was placed on hold for hours only to get disconnected multiple times.
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Demi Hall
GOOD LUCK getting anyone at SSA to explain this correctly!!! I spent SIX MONTHS trying to get this exact situation sorted out when I adopted my grandson after my husband died. Every person I talked to gave me different information about the adoption rules. One said the child qualified, another said they didn't, a third said they needed more "evidence" without saying what evidence!!! THE SYSTEM IS BROKEN!!!
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Darren Brooks
•I'm sorry you had such a terrible experience. The rules ARE clear though - legally adopted children qualify for survivor benefits on their adopted parent's spouse's record if the adoption is finalized. However, there are certain documentation requirements, and unfortunately, not all SSA representatives are equally knowledgeable about these less common situations. OP should bring: - The final adoption decree - Death certificate for spouse - Birth certificate for child - Marriage certificate - Her own ID and Social Security card - Child's Social Security card And specifically request the "child's insurance benefits" (Form CIB) based on the deceased worker's record.
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Naila Gordon
To answer your follow-up question - yes, your adopted daughter can receive benefits even though you're over the earnings limit. Your earnings only affect YOUR benefits, not hers. And regarding your question about in-person vs. phone: For complex situations like yours, an in-person appointment is usually better. You can bring all your documentation and have everything reviewed at once. Call ahead to schedule an appointment rather than just walking in. One more important point: There's something called the "family maximum benefit" (FMB) that limits the total benefits payable on one worker's record (typically 150-180% of the deceased worker's benefit). Since it would just be you and your daughter claiming on your husband's record, you're unlikely to hit this cap, but it's something to be aware of.
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Ben Cooper
•Thank you again. I'll schedule an in-person appointment. Do you know if my daughter's benefits would continue until she's 18? And can I estimate how much she might receive? Would it be roughly 75% of my husband's $2,100 (so around $1,575)? Just trying to plan ahead financially.
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Elliott luviBorBatman
my neighbor got survivor benefits for her adopted kiddo a few years back and she said the kid gets them until age 18 (or 19 if still in high school). if the kid has disabilities though they can continue even longer i think.
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Rosie Harper
To clarify some points that have been raised: 1. Yes, your daughter would receive approximately 75% of your husband's benefit amount, so around $1,575 monthly based on his $2,100 benefit. This continues until she turns 18 (or 19 if still in high school). 2. Your work income does NOT affect her benefits, only yours. 3. You have a unique potential strategy available: You could claim reduced survivor benefits now (though they'd be mostly offset by the earnings test), then switch to your own retirement benefit at FRA or age 70. This is called a "restricted application" and is one of the few remaining claiming strategies after the 2015 law changes. 4. Another option to consider: If you're thinking about reducing work hours to care for your daughter, you could potentially benefit from both the child's survivor benefit AND a reduced survivor benefit for yourself as a parent caring for a young child (sometimes called the "mother's/father's benefit"). Based on your situation (higher earning record, currently working, young child), your optimal strategy is likely to: 1. Apply for child's survivor benefits immediately 2. Either wait until FRA to claim your own retirement benefit OR 3. Claim survivor benefits now if you plan to reduce work hours below the earnings limit threshold Definitely schedule that in-person appointment to go through all options with a claims specialist.
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Ben Cooper
•This is amazing information, thank you! I've been thinking more about possibly reducing my hours to spend more time with my daughter. If I went down to part-time and earned under that $22,320 limit, it sounds like both of us could get survivor benefits now, and then I could still switch to my own (higher) retirement benefit at FRA? That might actually make the numbers work for us.
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Cynthia Love
congrats on the adoption!! my friend did something similar and she said getting the social security stuff set up for the kid was actually pretty easy once she got thru to someone. the hard part was just reaching them lol
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Darren Brooks
I want to add one important thing I didn't see mentioned: If you decide to receive survivor benefits now while caring for your daughter (the "mother's/father's benefit"), those benefits will STOP when your daughter turns 16, regardless of your age at that point. You would then need to wait until 60 (which you've already passed) to restart survivor benefits at a reduced rate or wait until FRA for full survivor benefits. Also, if you're planning long-term, consider that: 1. Your daughter will receive survivor benefits until age 18 (or 19 if still in high school) 2. You can switch between survivor and retirement benefits to maximize your lifetime payout 3. Taking your own retirement benefits at 70 would give you the maximum monthly amount (132% of your FRA amount) If you can afford it, working part-time until your FRA while collecting some survivor benefits (below the earnings limit) and your daughter's benefits, then switching to your own maximum benefit at 70, might be your optimal financial strategy.
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Demi Hall
•I tried to do something like this and SSA kept MESSING UP my benefits every time I tried to switch! They actually STOPPED my payments completely for 3 months during one transition! Don't count on them getting it right!!!
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Ben Cooper
Thank you all SO MUCH for your incredibly helpful advice. I've learned more here than in all my conversations with friends and family about this situation. Based on your suggestions, I'm going to: 1. Schedule an in-person appointment with SSA (with all documents ready) 2. Apply for my daughter's survivor benefits immediately 3. Strongly consider reducing my work hours to get under the earnings limit so I can also claim some survivor benefits while caring for her 4. Plan to switch to my own retirement benefit at FRA or 70 I feel like I finally have a roadmap now! If anyone has additional thoughts or suggestions, I'd love to hear them. And I'll try to come back and update on how things go with SSA. Thanks again for all your help!
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Mateusius Townsend
•Good luck with your appointment! Just a heads-up that getting that appointment might take some persistence. When I needed to sort out my mom's benefits after adopting my niece, it took me over 3 weeks to get through on the phone. If you run into trouble reaching someone to schedule, that Claimyr service I mentioned earlier can help with that too. The peace of mind from having this figured out will be so worth it!
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