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My niece and nephew are receiving benefits due to the deaths of both their mother and father. My wife and I are planning to adopt them, will they lose their benefits once the adoption is final?
Mike,
Your niece and nephew will continue to receive their Surviving child benefits from their deceased parents until each is 18 years old (or up to age 19 if still in high school). That you will adopt them doesn’t alter their benefit status; they will continue to receive their minor child survivor benefits from their parents until they “age out” of eligibility.
I hope this is helpful, but feel free to contact us again if you have further questions.
Russell Gloor
Certified Social Security Advisor
The AMAC Foundation
My son receives survival benefits now do to the passing of his father, does the older he turns will the payments change? Meaning decrease or increase?
Crystal
Your son will continue to receive benefits until he is 18, or 19 if he is still in high school, whichever comes first. If he is the only child, his benefit will not decrease and will only be increased by any cost-of-living increase each year.
If he should take a job while he is still eligible for benefits, he will be subject to an earnings limit, which for 2023 is $21,240 and $22,320 in 2024. Most children in high school don’t make this much money each year, but should he go over that limit, his benefits will be reduced by $1 for every $2 he goes over.
If he is still going to be attending high school when he turns 18, he will need to submit proof to Social Security. He will receive a packet in the mail that he will need to complete and submit himself, as when he turns 18 the payment will be put in his name.
If you have any further questions, please contact us.
Sharon L Kleczka RSSA/NSSA
Social Security Advisor
AMAC Foundation
(888)750-2622
ssadvisor@amacfoundation.org
Our adopted son’s biological father recently passed. He is 14 years old. Is he eligible to receive survivor benefits from his biological father’s social security?
Sharletta:
Thank you for contacting us. Your adopted son would not be eligible to claim survivor benefits on his deceased parent’s work record unless he had been claiming support benefits on the deceased parent’s work record before the adoption. In other words, your son would have needed to be financially dependent on the biological father at the time of death.
Please contact us at 888-750-2622 or via email at SSAdvisor@AMACFoundation.org if we can provide any further assistance.
Gerry Hafer
AMAC Foundation Social Security Advisory Service
CONFIDENTIALITY NOTICE: The opinions and interpretations expressed in this message are the viewpoints of the message’s author, a trained advisor accredited under the National Social Security Advisors program of the National Social Security Association, LLC (NSSA). The author, the NSSA, and the AMAC Foundation are not affiliated with or endorsed by the United States Government, the Social Security Administration, or any other state government.
My sons’ father recently passed away and I have applied for the Survival Benefits for him. My question is, my son also has two other siblings who do not reside in the same household (have different mothers) and do reside with another family member; would the survival benefits result in being divided up between the three of the children no matter where they reside? Since my sons’ father and I were married, for 3 years, and neither of us ever re-married, would my son and I receive a different amount? The employee at the SSA office would not answer much of my questions.
Lindsay
If paternity was established for the other two children, although your ex-husband was never married to their mothers, they will be eligible for survivor benefits on his record. Due to the family maximum, the amount of available benefits on his record will be divided equally between all three children.
You ask if your son and you will receive a different amount. Is your son under 16 and are you claiming the child-in-care benefit? If you are claiming the child-care-benefit, the available amount of benefits will be divided 4 ways until your son turns 16, then yours will end and they will be divided 3 ways. The family max can be up to 188% of the deceased’s benefit. As each child ages out, up to age of 18 or 19 if still in high school, the benefit for the remaining children will be re-calculated until the youngest child receives 75% of his benefit. Once your child-in-care benefit ends when your son turns 16 you will no longer be eligible for any benefits on your ex-husband’s record as you weren’t married for 10 years.
The Social Security Administration can not answer any questions pertaining to the other children or what they will or do receive.
Sharon Kleczka
AMAC Foundation Social Security Advisory Service
CONFIDENTIALITY NOTICE: The opinions and interpretations expressed in this message are the viewpoints of the message’s author, a trained advisor accredited under the National Social Security Advisors program of the National Social Security Association, LLC (NSSA). The author, the NSSA, and the AMAC Foundation are not affiliated with or endorsed by the United States Government, the Social Security Administration, or any other state government.
I am trying to apply for my 4yo son to receive Social Security survivor’s benefits from his late adoptive father who was alive at the beginning of the process (paperwork shows signed documents with his signature) but unfortunately passed away before his birth and is not listed on the adoption decree nor birth certificate due to his unexpected death. We were married for 18 years.
The SS office stated they can not do anything to help me and that I would have to go to civil court to get his name on the birth certificate and adoption decree. If this is correct, here are my questions…
Is this actually the truth? to hire an attorney due to a deceased? What are my options, if any?
Hope,
To summarize what you’ve shared, I assume you and your husband were in the process of adopting a child when your husband died unexpectedly before the adoption process was completed. Your child is now four, and you are trying to obtain survivor benefits for your son based upon his intended-adoptive father’s Social Security record. Social Security has denied your application because your husband died before he was legally designated as the boy’s adoptive father and, in fact, your husband died before the child was born.
If this is accurate, I suspect Social Security is denying child benefits because your son was never a dependent of your husband (the boy’s planned adoptive father). Minor child survivor benefits are available based on the earnings record of either an adoptive father or a step-father (adoption isn’t actually necessary), but the child must have been a dependent of the deceased to get survivor benefits. So, I expect that Social Security is simply following the rules as they are written. You can, of course, appeal Social Security’s decision on this by filing a “Request for Reconsideration” (form SSA-561), or if you’ve already done that you can appeal again by requesting a hearing before an independent Administrative Law Judge by filing form HA-501. For the latter, you may wish to engage an attorney as Social Security has suggested (many attorneys would take their fees from any back benefits obtained on your son’s behalf). We cannot recommend an attorney for this purpose but, based on what you’ve shared it appears that Social Security is adhering to Social Security law as it is written, and that legal assistance as suggested by the Social Security Administration may be your only recourse in this instance.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My daughter receives Social Security disability benefits because her biological father is disabled. I will remarry in a few months. Will she lose her Social Security disability benefits if my new husband adopts her?
CB,
Our interpretation of Social Security’s rules is that if your daughter is adopted by your new husband, she will no longer be her biological father’s dependent and, thus, her disability benefits from her father will stop. That would, however, change if she later became her biological father’s survivor. In that case, as a disabled adult child, the daughter – as a disabled adult child – would be eligible for a survivor benefit from her deceased biological father.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My adopted father just passed away and my adoptive mother which is his wife now wants to give me up meaning let my biological mother adopt me back will I loose my adoptive father survivor Social Security benefit
If you are currently receiving survivor benefits from your adoptive father, those benefits will continue, even if your biological mother adopts you back.
If you have further questions, please email us at SSAdvisor@amacfoundation.org, or call us at 1.888.750.2622.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
Hi. My late husband passed away in 2019. I do not receive survivors benefits because I do not qualify due to my income being more than $2,000 a month. However, my 4 children qualified and has been receiving it since his passing. I am the benefit representative payee for my children and the deposits for all 4 of them goes into my account. I am planning to remarry and was concerned that me getting remarried would affect their survivors benefits? As I have asked someone in person at the SSA office and she advised it will affect my children’s survivors benefits if I do remarry. Which is why Social Security sends out a recertification annually and that one section on the recertification asks if remarried? If so, to list the new spouse’s name and information. I am hearing and reading mixed information online and on the SSA website about remarrying affecting my children’s benefits or not? Which makes it more confusing. I know that I will personally and individually no longer qualify once remarrying and that’s fine as I have never qualified to begin with due to my income from work being more than $2K a month. Please advise. Thank you!
Sarah,
If your children are minors who are receiving Social Security survivor benefits from their deceased father’s Social Security record, you remarrying will not affect their entitlement to those benefits. Remarrying, however, does change your personal eligibility for a surviving widow’s benefits – you will no longer be eligible for SS benefits as a surviving spouse once you remarry. Since you say you are not now receiving SS widow’s benefits, your children’s SS benefits should continue uninterrupted and unchanged, with you as Representative Payee, until they are no longer age-eligible. As Payee for your children’s SS benefits you are obligated to use their benefits only for their welfare (which might even include saving it for their future use). But there is no household income limit at which your children’s Social Security benefits will stop. Each of your children are entitled to a survivor benefit from their father until they are no longer a minor (when they are 18, or up to age 19 if still in high school). Whoever you spoke with at the SSA office might have misunderstood, as you were apparently eligible for “child-in-care surviving spouse benefits” for which you would no longer be eligible if you remarry. But your children’s eligibility for minor child survivor benefits are affected only by their age, not your marital status or household income. Note too that the Family Maximum limits the amount of money which can be paid on your deceased husband’s SS record. As each of your children reach adulthood and their minor child benefit stops, the remaining children will get a slightly higher amount (a bigger share of the Family Maximum), but each child can receive no more than 75% of the amount your deceased husband was entitled to when he died.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My wife and I adopted our grandson at birth. My wife retired and will start drawing retirement benefits in January. Our son (grandson) is eligible for and will receive social security child benefits based on my wife’s work history. His natural mother, our daughter is getting married soon. She and her new husband would like to adopt and care for him.
Would he continue to be eligible and receive social security child benefits should he start drawing child benefits and subsequently be adopted by my daughter and her husband?
Thank you.
Jim.
I also answered your emailed question via email on October 8th, as follows:
If your daughter “re-adopts” her son while you are both living, then any SS benefit he was receiving from you or your wife would stop (because you are no longer his “parent”). After that he would, instead, need to qualify for benefits on your daughter’s record (which means your daughter would need to be collecting SS for your grandson to continue receiving minor child benefits).
If your grandson/son is collecting minor child benefits from your wife and your wife dies, he would then become eligible for a surviving minor child benefits. His benefit as an adopted surviving dependent of your wife would be increased from 50% of your wife’s benefit to 75% and he could collect that until he is 18.
If your grandson/son initially collects minor child benefits from your wife and you later claim your SS and have a higher SS benefit than your wife, and if he isn’t yet 18, you can switch him to a higher child benefit from you. As I believe you know, your grandson/son’s eligibility for minor child benefits stop when he turns 18, or age 19 if he is still in high school.
My son’s biological father passed and he receives survivor benefits. If my current husband adopts him, will my son lose his benefits?
Alex,
If your minor child is now receiving a Social Security survivor benefit from his biological father and your current husband adopts him, the child will continue to receive benefits from his deceased father until he is 18 (or 19 if still in high school). Minor child survivor benefits do not stop if the child is subsequently adopted; those benefits continue until the child become age-ineligible for minor child benefits.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
i was adopted 5 years after my dad passed away the lady that adopted me was very controlling and has kept all information from me as an adult to see how i can access my father ss and refuses to respond to any of my messages will read them but wont reply what do i do is she allowed to use that money since she adopted me if not how do i get in contact with and who do i need to speak with
Lamond,
From what you’ve shared, it appears you are now an adult. Unless you were disabled before age 22 and are still disabled, as an adult you are no longer entitled to surviving child benefits from your deceased father (SS surviving child benefits stop at age 18 (or 19 if still in high school). If the lady who adopted you was collecting your previous surviving child benefits as your “Representative Payee,” she was obligated to use that money for your benefit. If you sincerely believe that she did not do that, you can submit a complaint to Social Security’s Inspector General’s office. The link for the Inspector General’s office to report such fraud is https://oig.ssa.gov/report/. You will see that you can file a complaint and, if you wish, remain anonymous and not supply your name, or you can indicate you do not wish your name to be revealed outside of the Inspector General’s office.
I hope this information is helpful, but if you need further assistance please contact us directly at SSAdvisor@amacfoundation.org, or by calling 1.888.750.2622.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
2 of my children receive SS benefits from their father who passed. I was told I can’t exceed 24K per year in income or they will lose the benefit. Is this true?
Stacie,
If your minor children (under 18 or 19 if still in high school) are receiving a Social Security survivor benefit on your husband’s record, your earnings will not affect their SS benefits as your husband’s minor children. Said another way, your household income is totally independent of your children’s minor child survivor benefits from your deceased husband.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My late husband passed in 2019. My children and I receive survivor benefits. I just want to confirm, if I re-marry that I lose MY payment as his widow for survivor benefits, and my 4 children keep their benefit payments until the youngest is 16? I just want to ensure my kids still receive their payment if I remarry because I use that money for all of their stuff for food, school, extracurricular activities, etc., and believe me with 4 kids it helps. I haven’t been able to get a clear answer. The information on the social security site says that remarriage doesn’t affect the children’s eligibility but the widow receiving the benefit loses the benefit. It is very confusing because each of our payments gets direct deposited into my bank account. So it seems like the widow loses the benefits not only for herself but also for her children.
Any information you can provide would be GREATLY appreciated. Thank you
Chelsea,
Whether you lose your surviving spouse benefits from your deceased husband when you remarry depends on your age when you remarry. If you are at least 60 when you remarry, your surviving spouse benefit will continue. If you are not yet 60 years of age when you remarry you will lose your surviving spouse benefit, but your husband’s children under the age of 18 will not lose their survivor benefits. In fact, if you remarry before 60 and lose your surviving spouse benefit as a result, each eligible child will get a benefit increase because your benefit amount will no longer be included in the Family Maximum available on your deceased husband’s record.
For clarity, each of your deceased husband’s children will continue to get a survivor benefit until 18 years of age (or 19 if shill in high school), but benefits will stop for each child who turns 18 (or 19 if still in school). As each child becomes age-ineligible for benefits, the benefit for each remaining minor child will increase until they reach their individual maximum benefit (which is 75% of the benefit your husband was entitled to at his death). The Family Maximum benefit amount is individually computed in each case, but the total maximum benefits paid to a surviving family is between 150% and 180% of the deceased’s benefit entitlement.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My children who are 6 and 5 are receiving death benefits from their father who passed in 2020. If my husband were to adopt them would they loose their benefits?
Nina,
Your children’s survivor benefits from their father will continue until they are 18 years of age (or 19 if still in high school). Those minor child benefits will continue even if your current husband adopts your children.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My 6 and 3 year old have been receiving benefits from their deceased father since 2020, I am getting married in a few months and I’m wondering if my soon to be husband adopting my children would disrupt their survivors benefits
Isabella,
The survivor benefits your husband’s minor children are now receiving will continue after you remarry. As minors, the children will be entitled to benefits from their deceased father until they are 18 years old (or 19 if still in high school). You remarrying will not change that entitlement.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
When my husband passed away, our 4 children started receiving survivor benefits monthly. A total amount divided by 4 of them equally. I was told the total amount would stay the same until the last one turned 18, that the total would be divided by 3, then 2, then total to the last one. After 2 of my children stopped receiving benefits, due to turning 18, the total amount decreased substantially for the younger 2, by $1070 a month. Why did this happen? I can’t seem to get a good explanation for this.
Melissa,
The “Family Maximum” defines the total benefits which can be paid on your deceased husband’s account, but there is also a limit to how much each surviving child can individually receive. The Family Maximum is a number unique to your husband’s “Primary Insurance Amount” or “PIA” (which is the benefit amount he had earned up to the month he died). The Family Maximum is computed using a special formula which normally comes out to between 150% and 180% of the parent’s PIA. The minor child survivor benefit, however, is limited to 75% of the decease’s PIA amount, or less depending on how many survivors are collecting. So in your case, the benefit each child would get would be either 75% of your husband’s PIA, or 1/4th of the Family Maximum, whichever is less. When only three of your children were receiving benefits, their monthly amount increased so that they were each receiving 1/3 of the Family Maximum because that was the maximum total available. But when only two of your children remained eligible for survivor benefits, their benefit was individually limited to 75% of their father’s PIA each. As an additional point of information, if your husband’s Family Maximum is more than your two minor children are now receiving, you may be able to get a “child-in-care” surviving spouse benefit at any age and get the full family maximum between the 3 of you. If, however, you work full time you may not be eligible for this special early survivor benefit.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
My stepdaughters father passed in 2017, they currently are 7 and 9 and receive survivor benefits. If I adopt them will they lose their benefit?
Gina,
If your stepdaughters are now receiving minor-child survivor benefits from their father, that benefit will not stop if you adopt them. The children will remain eligible to collect their survivor benefit from their father until they are 18 years of age (or 19 if still in high school). The benefits available to each child on your deceased husband’s record will be limited to 75% of the benefit your husband had earned at his death, or the Family Maximum (which is unique to each case, but usually between 150% and 180% of the deceased’s benefit entitlement). Unless you are working full time, you may also be entitled to “child-in-care” benefits as a surviving spouse even if you are not yet 60 years old, but the total benefits available on your deceased husband’s record would still be limited by the Family Maximum.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
If I get married will my daughter’s social security end ? Her biological father died in 2015 .
Assuming that your daughter is a minor and now receiving a survivor benefit from her father, you getting married will not affect her benefit. Your daughter’s survivor benefit is from her father, and is independent from you. Your daughter will be eligible to collect her survivor benefit from her father until she is 18 years old (or 19 if still in high school). Please note, however, that if you remarry before age 60 you will lose your personal eligibility for a survivor benefit from your deceased husband.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
If my husband and I adopt our 5 grand children that we have custody of now. My ? Is if something happens to there biological father after we have adopted them can they still draw off his social security or does the adoption cancel it out.
Shadonna
If you adopt your grandchildren and the children are already receiving survivor benefits based on their father’s Social Security record they will be able to keep those benefits. However, as their father is still alive, once you adopt your grandchildren they will no longer be eligible for benefits on their biological father’s Social Security record. You do not mention the children’s mother, but the same is true pertaining to her.
If you are not yet taking your Social Security benefits, and the children have been living with you for at least a year before you start receiving your Social Security benefits when the adoption becomes final your grandchildren will be eligible for benefits on your Social Security record. You must also have been responsible for at least 50% of their support during this time.
Grandchildren are eligible for benefits on their grandparent’s Social Security record when both parents are deceased or disabled, or you have adopted them.
Please contact us if you have further questions.
Sharon Kleczka
National Social Security Advisor
The AMAC Foundation
My granddaughter received benifts when her father passed . We recently got custody of her from her mother. She refuses to give us the disability check that her daughter receives. She is un employed and stays with a boyfriend.and.provides nothing for her daughter ,can I contact the agency and have that transferred to us?
Melissa,
Because your granddaughter’s mother is still living, Social Security considers her mother to be her Representative Payee and, thus, provides the granddaughter’s survivor benefit to the child’s mother. The mother, however, as Representative Payee, is obligated to use those SS benefits for the child’s benefit. If the mother is not doing that, Social Security will investigate and, if found negligent, the mother may be fined, required to pay back past benefits, and/or be charged with a criminal offense (which could result in imprisonment). I suggest that before you report this to Social Security, you attempt to resolve it directly with your granddaughter’s mother, engaging an attorney if necessary. If those attempts are unsuccessful and you later conclude that you must report this to Social Security, you can call 1.800.772.1213 or report it online directly to Social Security’s Inspector General at https://oig.ssa.gov/.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
Can you sue your adopted parents if they used your social securty money
Jack:
This is a legal matter, and we suggest you contact an attorney specializing in family law for direction. We can tell you, though, that Social Security law requires most minor children to have a Representative Payee whose ” … main duties are to use the benefits to pay for the current and future needs of the beneficiary, and properly save any benefits not needed to meet current needs. A payee must also keep records of expenses. When we request a report, a payee must provide an accounting to us of how he or she used or saved the benefits.” See this page on the SSA.gov website for more information: https://www.ssa.gov/payee/faqrep.htm.
Gerry Hafer
National Social Security Advisor
AMAC Foundation
CONFIDENTIALITY NOTICE: The contents of this message, including any attachments, are confidential and are intended solely for the use of the person or entity to whom the message was addressed. If you are not the intended recipient of this message, please be advised that any dissemination, distribution, forwarding, printing, copying, or use of the contents of this message, and any attached documentation, is strictly prohibited. If you received this message in error, please notify the sender. Please also permanently delete all copies of the original message and any attached documentation. The opinions and interpretations expressed in this message are the viewpoints of the message’s author, a trained advisor accredited under the National Social Security Advisors program of the National Social Security Association, LLC (NSSA). The author, the NSSA, and the AMAC Foundation are not affiliated with or endorsed by the United States Government, the Social Security Administration, or any other state government.
I am the legal guardian of my 3 grandchildren age 12, 14. a not the last boy just turned 18 who will still receive his benifits until graduation in june of this year. I was told his benifits will go to the next eldest child who is the 14 year old. Is this correct
Barbara,
Your oldest grandson’s Social Security benefit will stop when he graduates high school, and the benefits for the two younger grandsons will increase. But the entire amount of benefit the oldest grandson is receiving won’t go to the next oldest child. Each of your grandchildren are now receiving a benefit which was reduced by Social Security’s Family Maximum, which applies whenever more than one dependent is collecting benefits on a primary beneficiary’s record. Depending upon the specific circumstances (whether the parent from whom the children are collecting benefits is deceased or still living), the children can collect up to 50% (if the parent is living) or up to 75% (if the parent is deceased) of the parent’s “Primary Insurance Amount” (or “PIA” which is the amount due at full retirement age). The key words here are “up to” because the Family Maximum only permits a limited amount of money to be paid to all beneficiaries on a single SS record. So, when the older grandson’s benefit stops, the remaining two minor grandchildren will receive a new benefit amount which will probably be more because the older grandchild is no longer receiving benefits, thus the portion of the Family Maximum available to the younger grandchildren will be more. But the maximum amount each of the younger grandchildren can receive is either 50% (if the parent is still living) or 75% (if the parent is deceased) of the primary worker’s PIA. Essentially, the Family Maximum amount is apportioned equally to all dependents collecting benefits on the worker’s SS record, but only up to the maximum appropriate (50% or 75%) for the circumstance.
Russell Gloor
National Social Security Advisor
The AMAC Foundation