Can adopted children receive Social Security benefits because of parent’s disability?

Children can get Social Security benefits if they have a parent who is receiving Social Security Disability Insurance benefits (SSDI)20 CFR 404.350 is the regulation dealing with who is entitled to Social Security child’s benefits. Generally, the child has to qualify as the parent’s child (more on this in a moment), be dependent on the parent, unmarried, and under 18.

What happens in cases of grandparents, step-parents, or parents who adopt children? Are their children entitled to Social Security child’s benefits?

Social Security has a number of regulations used to decide if a child in these circumstances qualify for auxiliary benefits.

Even if none of these regulations apply (for example: in cases of a guardianship), you may still want to talk to someone at Social Security to see if the children might qualify under this or another Social Security program.

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About Tomasz Stasiuk

I am a disability attorney in Colorado Springs. 
I founded The Stasiuk Firm on a principle of providing personalized attention to disabled individuals fighting to get their Social Security disability benefits.
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3 Responses to Can adopted children receive Social Security benefits because of parent’s disability?

  1. diann says:

    i am adopting my wifes grand son,can i add him to my S.S.benifites

  2. Pingback: Paternity and childrens Social Security benefits | Colorado Social Security Law

  3. Zblessedlife says:

    Yes, if he is under the age of 18. If he is over the age of 18 and has a disability that occured before the age of 22 he can get benifites from the time he became disabled until he turned 18. C all your local SS office and they can set up an appointment.

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