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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 10814
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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My husband passed away 1/18/2011. I have custody of s great

Customer Question

My husband passed away 1/18/2011. I have custody of his great grand daughter. I want to adopt her because that would be in the best interest of the child. I am eligible at age 60 for the widows pension. If I adopt the child now can she be eligible to draw SSI from her grandfather
Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
Charles H Ross Jr. Is the biological grandfather. I was hoping that she could draw benifits since her first name is***** McQuirt. I just need a little help raising her. The parents have no visitation and are mostly in jail. The child deserves a better life
Expert:  Lane replied 1 year ago.

Hi,

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It's very likely ... see this from Social Security (I'll paste directly from Social Security and underline the pertinent part)

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"Who can get child’s benefits?

Your child can get benefits if he or she is your biological child, adopted child or dependent stepchild. (In some cases, your child also could be eligible for benefits on his or her grandparents’ earnings.)

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From: http://www.ssa.gov/pubs/EN-05-10085.pdf

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Although this may be more complicated that we can deal with in this venue, be looking at that publication and let me see what else I can find .

Expert:  Lane replied 1 year ago.

OK, I just spoke with Social Security. They say that this IS possible if the grandfather had legal guardianship.

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See this: (again, I'll underline the pertinent part)

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Eligibility rules and benefit amounts for Social Security child benefits

Child of—

Deceased worker - One quarter of coverage for every year between age 21 and death (maximum of 40); or 6 quarters earned in the last 13 calendar quarters.Up to 75 percent of parent's PIA

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Disabled workerOne quarter of coverage for every year between age 21 and the year of disability (maximum of 40), plus 20 quarters in the last 10 years (or fewer if under age 31).Up to 50 percent of parent'sPIA

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Retired workerClaiming Social Security benefits, age 62 or older, fully insured with 40 quarters of coverage.Up to 50 percent of parent's PIA

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SOURCE: SSA 2010b.

NOTES: "Eligible parent" can also be a grandparent if the child is under the grandparent's legal guardianship.

Benefits are also available to children who are under age 19 and full-time high school students and to disabled adult children. Disabled adult children can receive benefits at age 18 or older if they are unmarried and the disability began before age 22.

Expert:  Lane replied 1 year ago.

Let me know if you have questions

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Lane

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If this HAS helped, and you don't have additional questions on this, I'd appreciate a positive rating (by clicking the stars or smiley faces on your screen) ... that's the only way I'll be credited for the work here.
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Customer: replied 1 year ago.
the child doesn't qualify because her grandfather passed away in 2011. The child was born in 2013. If he was alive then he would have custody. I have full custody now
Expert:  Lane replied 1 year ago.

Upon a literal reading of the law, that's right .. so sorry

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However, I would still apply, under his record. Your exact situation is something that really doesn't come up in the scenarios published.

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Given that she is HIS child, and that you have legal custody and are the widow, they MAY grant.

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There are many Social Security attorneys that will offer a free consultation up front.

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This might be a good way to explore, and then go from there.

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If you'd like to give me your state and closest city (no personally identifying information please) I can do a search for a Social Security firm that offers free consultations

Customer: replied 1 year ago.
Charlestown Indiana.
47111