adoption & social security benefits

What is the name of your state? ca
my husband would like to adopt my two children from a previous marriage. Their father is deceased and they receive social security benefits. how will the adoption affect those benefits? will they lose them?

Once adopted, your husband becomes the legal father. Just as CS would stop if a step parent adopts, SS benefits, too, would stop from their late dad. They WOULD be entitled to any benefits that they, as children of your husband, would have a right to.

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_sid=hlSpUyUg&p_lva=&p_faqid=439&p_created=974207411&p_sp=cF9zcmNoPTEmcF9ncmlkc29ydD0mcF9yb3dfY250PTQmcF9zZWFyY2hfdGV4dD1hZG9wdGlvbiZwX3NlYXJjaF90eXBlPTMmcF9jYXRfbHZsMT0zJnBfY2F0X2x2bDI9fmFueX4mcF9wYWdlPTE*&p_li=

Just as CS would stop if a step parent adopts, SS benefits, too, would stop from their late dad."

According to SSA, that is incorrect. From the site above:

Question
Our daughter, who had two young children, passed away two years ago. Her husband is planning to remarry and his fiance wants to adopt the children after the marriage. Will the children lose the Social Security survivor's benefits that they currently receive?

Answer
No. The adoption of a child already entitled to survivor's benefits does not terminate the child's benefits.

Oops. Messed up, Sorry.

Hi

I have been looking for this answer also and now reading yours, I am confused. In reading SSR 73-26c: Section 202(d)(1)(42u.s.c.402(d)(1)). In reading where the paragraph begins,"Furthermore" it states,

"Furthermore, once a child becomes entitled to benefits under
202(d)(1), his/her entitlement terminates the month preceding the month the child dies, marries, or is adopted, or the month in which he has attained age 18, but then only if he/she is not disabled and not a full time student."

http://www.ssa.gov/OP_Home/rulings/oasi/09/SSR73-26-oasi-09.html

Help in understanding for all........

j g

John Galt said:

Hi

I have been looking for this answer also and now reading yours, I am confused. In reading SSR 73-26c: Section 202(d)(1)(42u.s.c.402(d)(1)). In reading where the paragraph begins,"Furthermore" it states,

"Furthermore, once a child becomes entitled to benefits under
202(d)(1), his/her entitlement terminates the month preceding the month the child dies, marries, or is adopted, or the month in which he has attained age 18, but then only if he/she is not disabled and not a full time student."

http://www.ssa.gov/OP_Home/rulings/oasi/09/SSR73-26-oasi-09.html

Help in understanding for all........

j g

Click to expand...

Sorry, I may not be of much help, but it states that once a child becomes entitled to benefit sunder 202(d)(1).....what does 202(d)(1) say?

If this conflicts with the question posted by coosi, you need to contact them and ask them to clear up their own information.

Thank you for your follow-up inquiry.

Section 10301 of P.L. 101-239 eliminated the dependency requirements for most children adopted after the NH's entitlement to RIB or DIB. See GN 00306.138 for prior law.

B. POLICY - EFFECTIVE DATE
The provisions shown in GN 00306.137C. are effective with respect to benefits payable for months after December 1989, but only on the basis of applications filed on or after 01/01/90. The time of "filing" includes a month within the life of the application when all other requirements are met.

She will not be paid on both records, she will receive the higher of the two.

Okay, that settles it. Nobody knows anything.....sounds like the best bet is to not do the adoption. $900/month per child is too much to risk.

Paul,

I don't know what the other responses were about. If you follow the Social Security link I posted, you will find that SSA states

"The adoption of a child already entitled to survivor's benefits does not terminate the child's benefits."

Good Luck!