< Back to Social Security Administration

Social Security survivor benefits for adopted grandchildren - need help switching to higher retirement benefit

My wife and I have been raising our grandsons since our son died in a work accident last October. The boys (ages 10 and 13) have been receiving survivor benefits since December. We just finalized their adoption last week after months of paperwork and court hearings. My wife and I both started collecting our retirement benefits about 8 months ago - I get around $2,800/month and she receives about $1,950/month. Now that we've legally adopted them, should we try to get the boys switched to receiving benefits based on my record instead of their father's? Would that even be possible or beneficial? Their current payments are around $1,650 each. Do we need to notify SSA about the adoption regardless? The whole process has been overwhelming and I'm not sure what our next steps should be with Social Security.

First, I'm sorry for your loss. This must be incredibly difficult. You definitely need to notify SSA about the adoption - that's a required update regardless of any benefit changes. As for switching them from survivor benefits to your record, that probably isn't going to benefit them. Children's benefits on a retirement record are usually significantly lower than survivor benefits (usually 50% of your PIA compared to 75% for survivors). The family maximum might also come into play here and reduce what they'd get on your record. I'd suggest calling SSA to report the adoption and ask them to do a benefits calculation comparison before making any changes.

0 coins

Thank you, that makes sense. I didn't realize survivor benefits would be higher than dependents on my retirement. We'll definitely report the adoption. Is there a specific form we need to fill out?

0 coins

DO NOT SWITCH THEM!! Survivor benefits are almost always higher than dependent benefits on a retirement record!!! The kids get 75% of their dad's benefit amount each as survivors, but would only get 50% of your PIA (primary insurance amount) if they were on your retirement record. Plus with two kids and both you and your wife collecting, you'd hit the family maximum really quick and their benefits would be reduced even more!! Just notify SSA about the adoption so their records are updated, but specifically tell them you DON'T want to change the benefit type. The adoption doesn't automatically change their benefit type anyway, but some claims reps might assume that's what you want.

0 coins

This is 100% right. My sister adopted her grandson after her daughter passed, and she almost lost a ton of money because the SSA rep automatically started processing a switch to her retirement record. Always specify that you want them to STAY on survivor benefits!

0 coins

I think u should just call and ask them to do the calculation both ways. Sometimes its not as simple as what people are saying. It depends on the exact earnings record of their dad vs yours, the family maximum in both scenarios, and a bunch of other factors. My niece actually got MORE when she switched to her adoptive dad's record, so don't just assume.

0 coins

While it's true that individual circumstances vary, it's statistically very rare for dependent benefits on a retirement record to exceed survivor benefits. The survivor benefit calculation is 75% of the deceased worker's benefit amount per child, while dependent benefits on a retirement record are 50% of the worker's PIA, subject to family maximum limitations. That said, you're absolutely right that the only way to be 100% certain is to have SSA calculate both scenarios for the specific situation. The OP should definitely request that when reporting the adoption.

0 coins

Congrats on the adoption! But definitely report it to social security. They will eventually find out through system matches with state vital records and if you didn't report it, they might consider it an overpayment situation. Just tell them you adopted the kids but want to keep them on the survivor benefits from their dad.

0 coins

Thanks for this advice! I definitely don't want to create an overpayment situation. We'll report the adoption right away.

0 coins

I had a similar situation few years back. Tryed calling SSA for weeks!!! Always busy signals or on hold for hours just to get disconnected. Wasted so much time. Finally used this service called Claimyr (claimyr.com) that got me through to an agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Way better than trying to get through yourself especially for something complicated like adoption. The agent I talked to was super helpful and ran all the calculations to compare benefits. Saved me from making a big mistake.

0 coins

Does that actually work? I've been trying to get through to SSA for days about my husband's disability review.

0 coins

Yep it really does work. Saved me hours of frustration. They basically keep dialing for you and then call you when they get through to an agent. Way better than sitting on hold all day.

0 coins

My cousin adopted her grandkids and they stayed on their mom's survivors benefits. She said they had to bring the adoption papers to the social security office and sign some forms. I think there was something about representative payee too since she was now officially the parent.

0 coins

Oh, that's helpful information. We're already the representative payees since they've been getting benefits while living with us, but I wonder if that needs to be updated too. We'll bring all the adoption paperwork with us.

0 coins

To directly address your question: Yes, you must report the adoption to Social Security as it's a legally significant event, but no, you almost certainly don't want to switch the children to your retirement record. Here's why: 1. Survivor benefits are calculated at 75% of the deceased worker's PIA per child 2. Dependent benefits on a retirement record are 50% of the worker's PIA per child 3. The family maximum would apply in both scenarios, but would likely be more restrictive on your retirement record because it would include both your wife's and your own benefits in the total family benefits calculation When you report the adoption, be very specific that you're only updating their status, not requesting a change in benefit type. Bring your adoption decree and the children's new birth certificates (if issued) to your appointment.

0 coins

Thank you for breaking this down so clearly. We have an appointment at our local office next week - I'll make sure to specify that we only want to update their status, not change their benefit type. This is exactly the information I needed.

0 coins

so sorry about ur son thats really tough. when we adopted our grandkids they told us we HAD to switch them to our benefits and we lost like $400 a month for each kid. later found out that wasnt true at all!! make sure u tell them specifically u just need to report the adoption but want to keep the kids on survivor benefits!!!!!

0 coins

This is unfortunately a common misunderstanding, even among some SSA employees. The adoption doesn't require a benefit type change. If you have documentation showing they were receiving higher benefits before, you might want to request a reconsideration of that determination - you may be entitled to back payments for the difference.

0 coins

Just wondering - how old are you and your wife? If either of you are under Full Retirement Age and earn income, it could affect family benefits on your record (another reason to keep them on survivor benefits).

0 coins

I'm 68 and my wife is 67, so we're both past FRA. I still do some consulting work but it doesn't affect our benefits anymore. That's a good point though.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,810 users helped today