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When you adopt your grandson and then retire does he get a…

Customer Question
When you adopt your...

When you adopt your grandson and then retire does he get a minor benfit from my work history/

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits properly. Please tell me more, so we can help you best.

We adopted are 5 year old grandson. so tell me how this works people tell us he gets fifty percent of my benfit im 66 years old and have not file for my ss

Accountant's Assistant: Is there anything else important you think the Retirement Accountant should know?

Well my husband can no longer work do to his copd and stoke

Submitted: 4 months ago.Category: Social Security
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Answered in 7 hours by:
3/23/2018
Social Security Expert: lev-tax, Tax Advisor replied 4 months ago
lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 33,255
Experience: Taxes, Immigration, Labor Relations
Verified

Yes - the child may be eligible for social security benefits based on your working record.

Here are regulations which cover your situation

https://www.ssa.gov/OP_Home/cfr20/404/404-0356.htm

§ 404.356. Who is the insured's legally adopted child?

You may be eligible for benefits as the insured's child if you were legally adopted by the insured. If you were legally adopted after the insured's death by his or her surviving spouse you may also be considered the insured's legally adopted child. We apply the adoption laws of the State or foreign country where the adoption took place, not the State inheritance laws described in § 404.355, to determine whether you are the insured's legally adopted child.

https://www.ssa.gov/OP_Home/cfr20/404/404-0358.htm

§ 404.358. Who is the insured's grandchild or stepgrandchild?

(a) Grandchild and stepgrandchild defined. You may be eligible for benefits as the insured's grandchild or stepgrandchild if you are the natural child, adopted child, or stepchild of a person who is the insured's child as defined in §§ 404.355 through 404.357, or § 404.359. Additionally, for you to be eligible as a grandchild or stepgrandchild, your natural or adoptive parents must have been either deceased or under a disability, as defined in § 404.1501(a), at the time your grandparent or stepgrandparent became entitled to old-age or disability benefits or died; or if your grandparent or stepgrandparent had a period of disability that continued until he or she became entitled to benefits or died, at the time the period of disability began. If your parent is deceased, for purposes of determining whether the conditions of entitlement are met throughout the first month as stated in § 404.352(a)(2)(i), your parent will be considered to be deceased as of the first day of the month of death.

(b) Legally adopted grandchild or stepgrandchild. If you are the insured's grandchild or stepgrandchild and you are legally adopted by the insured or by the insured's surviving spouse after his or her death, you are considered an adopted child and the dependency requirements of § 404.362 must be met.

.

Let me know if that helps.

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