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  1. #1
    thernsn is offline Junior Member
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    Question Do I have to adopt a dependent grandchild for eligiblity for SSD on my work record?

    I am a Florida resident that is on social security disability. I have sole custody of my granddaughter. There is no identified father for the child and the mother is mentally ill, non-complaint, drug dependent and a safety risk for the child. I had custody of the child from 14 months to 5 years when the mom had a fairly normal spell and sued me for custody. I was told at that time that she had provided evidence that she was in counselling and was properly medicated so I would not win the case. She resumed custody but over the years I stood by to provide a safety net for the child. The mother was near eviction from apartments for failure to pay rent, had power turned off and no food. She was depressed, selling and taking drugs and physically violent at times. The child pleaded with me to take her from there and I did. I got her mother to agree to avoid legal fees that I could not afford. She was legally placed in my care in November 2007 but had been living with me since August. I applied for SSD for her as my dependent and was told that she was not eligible because I did not adopt her. Why should I have to adopt my daughters child?
    I do not understand why she would be denied as I am providing all her medical, dental and living expenses. I have also provided her with counselling due to the situations in her life with her mother. At the present time she has no medical insurance. Thank you. I appreciate your help.
  2. #2
    BL
    BL is offline Senior Member
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    SSA.GOV

    Question
    Can a child receive benefits on the record of a grandparent?

    Answer
    A dependent grandchild or step-grandchild may receive benefits on the record of a grandparent if the following requirements are met:

    The grandchild's natural or adoptive parents are deceased or disabled:

    At the time the grandparent became entitled to retirement or disability insurance benefits or died; or
    At the beginning of the grandparent's period of disability which continued until he or she became entitled to disability or retirement insurance benefits or died.

    The grandchild was legally adopted by the grandparent's surviving spouse in an adoption decreed by a court of competent jurisdiction within the U.S.

    The grandchild's natural or adopting parent or stepparent must not have been living in the same household and making regular contributions to the child's support at the time the grandparent died.

    The grandchild must have lived with the grandparent in the U.S. before reaching age 18 and received at least one-half support from the grandparent for the year before the month the grandparent began receiving retirement or disability benefits or died.
    Last edited by BL; 09-27-2008 at 04:32 PM.
  3. #3
    nanato2 is offline Member
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    The grandparent hasn't died in this case, and the rest of those requirements don't make sense, to me, anyway.
    Something seems to have been left out.
    Go directly to ssa.gov, and see if it is any clearer.

    My husband is on SSDI also, and we were caring for "our" grandchildren, but they are actually HIS step-gandchildren.

    Of course, we were told that HE would have to adopt them, in order to receive benefits for them, which is understandable.

    But the impression I got, was that if I were the one on SSDI, that wouldn't be necessary.

    Dig a little deeper, and contact legal aide if necessary.
    Maybe this denial is part of the game they play--remember when you first applied--nearly always AUTOMATIC
    denial, trying to wear you down.

    Good Luck
    Last edited by nanato2; 09-27-2008 at 11:52 AM.
  4. #4
    thernsn is offline Junior Member
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    I appreciate your help. I will appeal the decision and call an attorney for a free consultation.
  5. #5
    BL
    BL is offline Senior Member
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    Quote Originally Posted by nanato2 View Post
    The grandparent hasn't died in this case, and the rest of those requirements don't make sense, to me, anyway.
    Something seems to have been left out.
    Go directly to ssa.gov, and see if it is any clearer.

    My husband is on SSDI also, and we were caring for "our" grandchildren, but they are actually HIS step-gandchildren.

    Of course, we were told that HE would have to adopt them, in order to receive benefits for them, which is understandable.

    But the impression I got, was that if I were the one on SSDI, that wouldn't be necessary.

    Dig a little deeper, and contact legal aide if necessary.
    Maybe this denial is part of the game they play--remember when you first applied--nearly always AUTOMATIC
    denial, trying to wear you down.

    Good Luck

    Where do you think I dug that up ? SSA.Gov , subject disability , search - Dependants.

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