Social Security survivor benefits for grandchildren - adoption impact after widow receives benefits?

This is a complex situation but I can help clarify. For your grandchildren to receive benefits on your deceased husband's record, you would need to adopt them. After adoption, they could potentially qualify for child's benefits on your husband's record until they turn 18 (or 19 if still in high school). The benefit would be based on your husband's earnings record, not your survivor benefit amount. Each child could receive up to 75% of what your husband's full retirement benefit would have been. However, there's a maximum family benefit limit that caps the total amount your household can receive. Importantly, if you adopt them, their benefits would NOT be based on your survivor benefits or your own retirement benefit - they would be calculated based on your late husband's earnings record directly.

my nieghbor had similar situation with her grandsons. she said the SSA made her jump thru lots of hoops proving the parents weren't supporting them at all. think she had to get statements from family members and even school records showing she was the guardian for years. good luck!!!

I work with families in similar situations, and here's what I can tell you about grandchild benefits based on SSA rules: For your grandchildren to qualify for benefits on your deceased husband's record: 1. You must legally adopt them 2. They must be under 18 (or 19 if still in high school) 3. They must be unmarried The benefit would be based on your late husband's earning record - what he would have received at full retirement age. Each child could receive up to 75% of that amount, but the family maximum benefit (FMB) would likely limit the total. Keep in mind that the adoption process varies by state, but having full legal custody already is helpful. You'll need to prove to SSA that the children weren't receiving support from either parent before your husband's death. This is definitely worth pursuing given your financial situation.

DONT WASTE YOUR TIME!!! My sister tried this EXACT thing and SSA denied benefits for her grandkids after she spent $4000 on lawyers for the adoption!!! They said the kids weren't "dependent" on her husband before he died so they didn't qualify!!! The whole system is RIGGED against grandparents raising grandkids!!

I had trouble reaching SSA to ask similar questions about my granddaughter's benefits. After days of busy signals, I tried Claimyr (claimyr.com) and got through to a real person in under 15 minutes. They have this video demo that shows how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with was actually helpful and explained exactly what documentation I needed to provide for my situation. Made the whole process much less stressful when I could actually talk to someone instead of guessing.

have u tried contacting ur local legal aid? they might help with the adoption for free if ur low income. that's what my cousin did in tennessee when she adopted her grandkids.

I'm wondering... do you think your husband's SS benefit would have been a lot higher than yours? Cuz if not, then maybe it's not worth all the trouble? Just thinking about how much benefit the kids would actually get vs the cost of adoption...

To address your follow-up questions: 1. Your teacher's aide pension wouldn't affect the grandchildren's benefits. GPO (Government Pension Offset) and WEP (Windfall Elimination Provision) only affect your own benefits, not dependent or survivor benefits for others. 2. The adoption process timeline varies by state, but typically takes 3-6 months. SSA benefits can be paid retroactively up to 6 months from when you apply after the adoption is finalized. 3. Given that you had custody and your husband was supporting the children before his death (with tax returns as proof), and his PIA (Primary Insurance Amount) would have been around $2,400, this is absolutely worth pursuing. Each child could potentially receive up to $1,800 monthly combined (subject to family maximum). I'd recommend: 1. Contact legal aid as suggested 2. Gather documentation showing the children were dependent on you and your husband 3. Start the adoption process 4. Apply for benefits immediately after adoption is finalized

just make sure you have all your paperwork in order!!! my friend said SSA required birth certificates school records medical records custody papers proof parents weren't supporting them it was a HUGE hassle