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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Can I claim my grandchildren on s.s.when I retire. Ihave

Customer Question

can I claim my grandchildren on s.s.when I retire. Ihave rasised them since they were babies ,they are now 12&9 years old
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

Hi, you need to adopt them for them, unfortunately. Raising them isn't enough because (in theory), there parent's should be the financial supporters owing child support. But, if you adopt them, YES, they can get benefits up to 1/2 of your primary insurance amount for several more years (til each are 18+). Can you get that done, do you think? May be worth it!

Expert:  Stephanie O Joy, Esq replied 11 months ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

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Customer: replied 11 months ago.
Their parents haven't been in their life .They have been jail off and on their whole life.
Expert:  Stephanie O Joy, Esq replied 11 months ago.

Yes, I understand. SSA law says that to be a child eligible for dependents, one must legally be the worker's child. If they haven't been adopted, then their parents are their parents, even though in jail or not interested. The expected avenue is that the parents are sued for child support, and not that they can get SS off of the record of their caretaker, even if a grandparent. Note that should either legal parent die, become SS disabled, or become entitled to retirement benefits, any minor children then can get child dependent benefits off of that parent's record. But other 3rd parties, be they aunt, cousin, friend, foster parent, etc., no, their SS policy/insurance doesn't cover non-legal children. So sorry! Adoption is it.

Customer: replied 11 months ago.
Their parents have been in and out of jail for the last 10 years. They have no contact with them.
Expert:  Stephanie O Joy, Esq replied 11 months ago.

I understand. That is tragic. So does that mean you will be adopting them? I am sure it would be helpful for them to gain this benefit.