Social Security survivor benefits for grandchild when guardian died just after filing for SS

I'm very sorry for your loss. Yes, your niece may qualify for survivor benefits as a dependent grandchild. The key factors SSA considers are: 1. The child was living with and receiving at least half their support from the grandparent 2. The child's natural parents are deceased or disabled, OR 3. The grandparent was legally responsible for the child's care and support The fact that your father had just filed for benefits doesn't matter for survivor benefits eligibility. What matters is that he had enough work credits to be "fully insured" (generally 40 credits). I recommend calling SSA at 1-800-772-1213 to schedule an appointment specifically about child survivor benefits. Bring your niece's birth certificate, your father's death certificate, and any documentation showing your sister is unable to care for her child (if applicable).

been thru similar with my grandson. if the parents arent dead or disabled its super hard to get benefits. but APPLY ANYWAY cause sometimes they make exceptions!!!!! also ur dad filing before death might actually help ur case, my friend at church told me that matters

I dealt with a somewhat similar situation, and I'll share what I learned. While it's true that grandchildren typically only qualify when parents are deceased or disabled, the "legally responsible" provision is important here. The key question is whether your father had legal custody or was in the process of getting it. Did he have any documentation showing he was responsible for her? School enrollment forms where he signed as guardian? Medical authorization forms? Any court filings? The fact that your father filed for his own benefits just before death doesn't help or hurt the case. What matters is his work record and the legal relationship with your niece. Also, consider looking into whether your niece might qualify for benefits on her mother's record if her mother has a work history, even if she's absent.

sorry but none of you have it exactly right. grandkids CAN get benefits even if parents aren't dead/disabled!! the rule is parents have to be NOT SUPPORTING the child. so if mom abandoned the kid that can qualify!! check SSA website they have all the actual rules

I'm so sorry about your father. I work with Social Security cases regularly, and there's an important distinction to make here. There are two possible ways your niece might qualify: 1. Survivor benefits as a dependent grandchild (which others have discussed) 2. A one-time death benefit of $255 (which no one has mentioned) For the first option, here's the exact criteria from SSA: - The grandchild's natural or adoptive parents are deceased or disabled, OR - The grandchild was legally adopted by the grandparent, OR - The grandchild was living with and receiving at least half support from the grandparent for the year before the grandparent's death or entitlement to benefits AND the child's parents were not living in the same household providing support That third option might apply in your case. The health insurance and school forms showing guardianship could help establish this. At minimum, someone should be eligible for the $255 death benefit. Schedule an appointment with SSA to discuss both possibilities.

When my husband died trying to get through to social security was a NIGHTMARE!!! I spent DAYS on hold and got disconnected every time. Couldn't get appointments and the website was useless for my specific situation. I was about to give up when my cousin told me about a service called Claimyr. It got me connected to a real SSA agent in under 10 minutes!!! You can see how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com Seriously this saved me so much stress during an already difficult time. You have a complicated case that definitely needs a real person to evaluate. Don't waste days trying to get through like I did.

Make sure you apply with SSA within 30 days! Some benefits are time-sensitive after death and you DON'T want to miss deadlines!!!!

One thing to add about your niece's situation - you mentioned she's living with you now. If you decide to pursue formal guardianship or adoption, that could affect how any benefits are structured or paid. SSA often requires a "representative payee" for benefits paid to minors. In cases where the qualifying relationship was with someone now deceased, they'll need to establish who's responsible for the child's care now. Just something to consider as you navigate this process.

@profile2 ur wrong about the grandkid rules!! my friend got benefits for her grandson and the parents were alive just deadbeats. they had to prove the parents didnt support for a whole year before applying thats the key part!!

Thank you all for the helpful information. I've gathered Dad's death certificate, her birth certificate, his health insurance documents showing her as a dependent, and school records listing him as guardian. I also found tax returns where he claimed her as a dependent for the past 5 years. I'm going to use that Claimyr service to connect with SSA tomorrow and schedule an in-person appointment to discuss her case. I'll apply regardless of what they initially say, and I'll make sure to mention I'm seeking legal guardianship now. This has been incredibly stressful on top of grieving Dad, but at least I feel like I have a direction now. I'll update once I know more in case it helps others in similar situations.

I'm so sorry for your loss, Malik. Losing someone who was essentially a parent to your niece is devastating. I want to add something that might help your case - since your father had just filed for Social Security benefits, there should be a record with SSA showing his intent to claim your niece as his dependent. When people file for retirement benefits, they typically list any dependents who might be eligible for auxiliary benefits. Even though he passed before receiving his first payment, that filing could serve as additional documentation of their relationship and his responsibility for her care. Also, the combination of documents you've gathered is really strong - especially the 5 years of tax returns claiming her as a dependent. That clearly establishes the pattern of support that SSA looks for. One more thing to consider: if your niece does qualify for survivor benefits, she would be eligible until age 18 (or 19 if still in high school). At your father's benefit level of $2,800/month, she could potentially receive around 75% of that amount, which would be substantial help in providing for her care. Stay persistent with SSA - sometimes the first person you speak with isn't familiar with all the nuances of grandchild eligibility. If you get an initial denial, don't hesitate to appeal or ask to speak with a supervisor.

I'm really sorry for your loss, Malik. What you're going through sounds incredibly difficult - losing your father and suddenly becoming responsible for your niece's care. I wanted to add something that might be relevant to your situation. Since your father was 66 when he passed and had filed for benefits, he was likely past his full retirement age. This means his work record should definitely qualify him as "fully insured" for survivor benefits purposes. One important detail I haven't seen mentioned - when you meet with SSA, make sure to ask specifically about the "deemed filing" provision. Since your father had already initiated the benefits process, there might be additional considerations for how his application status affects survivor benefit eligibility. Also, given that you're now caring for your niece and planning to seek guardianship, you should know that if she does qualify for benefits, you'll almost certainly be appointed as her representative payee. This means you'll receive the payments on her behalf and be responsible for using them for her care and support. The documentation you've gathered sounds very thorough. The fact that he claimed her as a tax dependent for 5 consecutive years while she lived with him should carry significant weight in establishing the support relationship SSA requires. Keep us posted on how your appointment goes - your experience could really help others facing similar situations.

I'm so sorry for your loss, Malik. This is such a difficult situation to navigate while you're grieving. Based on what you've shared, I think you have a stronger case than you might realize. The fact that your father claimed your niece as a dependent on his taxes for 5 years, had her on his health insurance, and was listed as her guardian on school forms creates a solid paper trail showing he was providing her primary support. One thing I'd recommend is also gathering any medical records where your father is listed as the person responsible for her care, utility bills or lease agreements showing she lived at his address, and any documentation of expenses he paid for her (school supplies, clothing, activities, etc.). When you meet with SSA, emphasize that your sister wasn't living in the household AND wasn't providing support - this is crucial for the dependency requirement. The combination of your father's documented support plus your sister's absence from both the home and financial responsibility could qualify your niece under the "dependent grandchild" provisions. Also ask SSA about any interim benefits while the case is being reviewed. Sometimes they can provide temporary assistance during the determination process. Your preparation with documents is excellent. Don't get discouraged if the first person you speak with seems uncertain - these grandchild cases require someone familiar with the specific regulations. Good luck with your appointment.

I'm so sorry for your loss, Malik. This situation is heartbreaking, and it's clear your father was truly devoted to caring for your niece. I wanted to mention something that might help your case that I haven't seen discussed much - the timing of your father's Social Security application could actually work in your favor. When someone applies for retirement benefits and has dependents in their household, SSA typically creates a record of the family composition at the time of application. This means there should be documentation in their system showing your niece was part of his household when he filed, which supports the dependency relationship. Also, since you mentioned your sister "abandoned her parental responsibilities," you might want to see if there are any official records that could support this - things like school enrollment forms where your father had to sign because your sister was unreachable, or medical consent forms he completed as the responsible adult. Even informal documentation like emails or texts from schools or doctors trying to reach your sister but having to work with your father instead could help establish that he was functioning as her primary caregiver. The combination of the tax returns, health insurance coverage, school guardianship forms, and his recent SS application creates a really compelling picture of legal and financial responsibility. Don't let anyone discourage you from pursuing this - your niece deserves these benefits, and it sounds like your father would have wanted her to have that security. Wishing you strength through this process.

I'm so sorry for your loss, Malik. What a devastating situation to lose your father and then have to navigate all of this while caring for your niece. I wanted to add something that might be helpful - you should also gather any documentation showing your father made financial decisions on your niece's behalf. Things like bank account records showing he paid for her expenses, receipts for major purchases like clothes or school supplies, or even records of him opening savings accounts for her future. These kinds of financial records can really strengthen the case that he was acting as her primary provider. Also, when you speak with SSA, make sure to emphasize the duration of the arrangement - 6 years is a significant period that shows this wasn't a temporary situation but a stable, long-term caregiving relationship. The fact that he was planning for retirement while still supporting her also demonstrates his ongoing commitment to her care. One more thing - if your niece qualifies for benefits, they should be retroactive to the month of your father's death. So even though it's been some time since he passed, you wouldn't lose out on those months of benefits if approved. You've gotten excellent advice from everyone here about documentation and persistence. Your preparation sounds thorough, and the fact that you're pursuing guardianship shows your commitment to her wellbeing. Best of luck with your SSA appointment.

I'm so sorry for your loss, Malik. This is an incredibly difficult situation, and it's clear how much your father meant to your niece. I wanted to share something that might be relevant to your case. I work in family services, and I've seen similar situations where grandparents were the de facto parents. One thing that often helps establish the dependency relationship is any documentation showing your father made educational decisions for your niece - things like parent-teacher conference records, school enrollment forms, or even report cards that were sent to him as the responsible adult. Also, since you mentioned your father had her on his health insurance, you should request a letter from the insurance company showing the dates of coverage and confirming he listed her as his dependent. Insurance companies typically require proof of dependency to add non-biological children, so this could be strong evidence. The fact that your father was 66 and had just filed for benefits actually puts you in a good position - his work record should easily meet the "fully insured" requirement, and there shouldn't be any questions about his eligibility to provide survivor benefits. When you meet with SSA, consider bringing a timeline showing the progression of his responsibility for her care over the 6 years. Sometimes a clear chronology helps case workers understand the relationship better than scattered documents. Your preparation sounds excellent, and I hope SSA recognizes what's clearly a legitimate dependency relationship. Please keep us updated on how it goes.