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Survivor benefits for adopted teen after grandfather's death - do we qualify for Social Security?

My husband and I adopted our daughter (now 16) three years ago through the foster care system. Her maternal grandfather was her legal guardian when she first entered foster care. We just found out her grandfather passed away last week. Our caseworker is now telling me we need to apply for Social Security survivor benefits for our daughter, but I'm confused about this. I thought survivor benefits were only for when a parent dies? Since we legally adopted her, wouldn't that sever any benefit eligibility from her biological family? Has anyone navigated this situation before? The caseworker seemed certain but couldn't explain the rules to me clearly. Any insights would be appreciated!

You absolutely should apply! Your daughter may qualify for survivor benefits based on her grandfather's work record. I was in a similar situation with my adopted nephew after his grandmother died. Since the grandfather was her legal guardian before adoption, she likely qualifies under the \

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Thank you! I had no idea this was even possible. Do you remember what documentation you needed? We have all her adoption papers and guardianship transition documents, but I'm not sure what else we might need to prove her relationship to her grandfather.

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my sister went thru this with her step-kid and the social security office was NIGHTMARE!!! they kept asking for more papers every time we called. took like 4 months to get approved!!

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Oh no, that sounds stressful. Was your sister able to get retroactive payments for the months they were waiting for approval?

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yeah they got back pay from when they first applied but not from when he actually died which was stupid

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I'm going through the EXACT same thing right now with my 14-year-old adopted son after his grandmother passed away!! She was his guardian before we adopted him too. We've been waiting 3 weeks just to get an appointment with SSA. Did your caseworker give you any paperwork to start the process?

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No, the caseworker just mentioned it during our last check-in but didn't provide any forms. It sounds like I need to be more proactive. Please let me know how your appointment goes!

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Will do! Our appointment is next Tuesday. I'll message you after with what documents they asked for. I've been gathering EVERYTHING just in case.

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This is a bit complicated but I can explain. Social Security survivor benefits CAN be available to grandchildren if certain conditions are met:1. The child's biological parents are deceased or disabled, OR2. The grandchild was living with and supported by the grandparent before they diedSince your grandfather was the legal guardian when she entered care, this likely satisfies condition #2. Your adoption doesn't necessarily terminate these benefits, though it can complicate things.You'll need to provide:- Grandfather's death certificate- Child's birth certificate- Documentation showing guardianship- Adoption records- Possibly school records showing the relationshipThe benefits can be substantial - up to 75% of what your grandfather would have received in Social Security. I strongly recommend applying right away, as benefits are only retroactive for 6 months maximum.

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Thank you for the detailed explanation! That makes much more sense now. Her biological mother is still alive but has TPR (termination of parental rights), and her biological father is unknown. Would that affect anything? I'll start gathering these documents right away.

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The TPR actually strengthens your case, as it clearly establishes why the grandfather was the guardian. Make sure to bring the TPR documentation as well. With the father unknown, you're definitely in a situation where the grandfather's support would be considered significant for benefit purposes.

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I HATE dealing with Social Security!!!! We applied for survivors benefits for my granddaughter after my daughter passed and they made us go in circles for MONTHS!!!! Kept losing our paperwork, telling us different things every time. By the time we got approved, we almost lost our house because we were counting on that money. Don't trust anything they say on the phone - GET EVERYTHING IN WRITING!!!

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I'm so sorry you went through that. It's scary to hear how difficult the process can be. Did you ever find a reliable contact person who actually helped?

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NEVER!!! Every time we called it was someone new who knew NOTHING about our case. Had to explain everything over and over. The only thing that finally worked was going to our congressman's office and having them make calls. Suddenly SS found our

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After trying to get through to SSA for weeks about my mother's survivor benefits, I finally found a service called Claimyr that got me connected to an actual SSA agent in under 10 minutes. Saved me hours of hold time and frustration. You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU. The website is claimyr.com if you're interested. For something like this where you have specific questions about eligibility, talking to an actual agent is really important rather than relying on general advice.

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That sounds really helpful! I've been dreading making that call knowing I might be on hold forever. I'll check out the video - anything to make this process easier is worth looking into.

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I just watched that video and am definitely using this for our appointment issues! I've been calling every morning for weeks trying to get through!

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idk what everyone is talking about with horrible wait times, i just called the 800 number last month for my retirement questions and only waited like 20 minutes? maybe it depends on what office ur calling or time of day?

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You got SUPER LUCKY then!!!! I've NEVER gotten through in less than an hour and most times they disconnect after I wait 2+ hours!!!

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weird maybe its different for retirement vs survivor stuff

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Just wanted to add - make sure you apply within 6 months of the grandfather's death. Benefits are only retroactive for a maximum of 6 months prior to application date. Also, the benefit amount is based on what the grandfather was receiving or would have received if he was already collecting Social Security. The general rule is that a dependent grandchild can receive up to 75% of the deceased's benefit amount, and this could be around $1,500-$2,250 per month in 2025 depending on his earnings history. These benefits would continue until your daughter turns 18 (or 19 if still in high school).

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Thank you for the additional information. He just passed last week, so we have time, but I'll definitely make this a priority. That potential benefit amount would make a huge difference for her college fund.

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One more important point - since your daughter is 16, if she qualifies, she'll receive survivor benefits until she graduates high school or turns 19, whichever comes first. The money belongs to her, though as her adoptive parent, you'll be the representative payee managing the funds for her benefit. SSA typically requires annual accounting of how the money is spent, so keep good records. Common approved uses include housing, food, clothing, education, medical expenses, and recreation. Many families save a portion for college or other post-high school education.

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This is extremely helpful - I had no idea about the representative payee responsibilities. I'll definitely keep detailed records if we're approved. We'd probably use some for her current expenses and save the rest for college. Thank you!

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As someone who works with families navigating Social Security benefits, I want to emphasize how important it is to gather ALL the documentation before your appointment. In addition to what others have mentioned, you'll also want to bring any school records showing your daughter lived with her grandfather, any medical records that list him as guardian, and if possible, any financial records showing he supported her (like tax returns where she was claimed as a dependent). The key thing SSA looks for is proof that the grandparent was actually providing support and the child was dependent on them. Also, don't be discouraged if your first application gets denied - this happens frequently with grandchild survivor benefits because the criteria can be complex. If that happens, you have 60 days to appeal and it's often worth getting help from a Social Security attorney who specializes in survivor benefits. Good luck with the process!

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