1 of the children’s father passed away about 3 years ago are there any benefits that might be available for us. Would a curt ordered full custody of a grandchild work as well as an adoption? what i want to know is if my husband is not on the adoption papers can I file for S.S for my grandson on my husbands SS or do i have to do it on mine. The mother has no address and has been in no contact for 2 years. A dependent grandchild or step-grandchild of the worker or spouse may qualify for benefits as a “child” if: The grandchild’s natural or adoptive parents are deceased or disabled: At the time the worker became entitled to retirement or disability insurance benefits or died; or, At the beginning of the worker’s period of disability which continued until the worker became entitled to disability or retirement insurance benefits or died; or. Even if the accusation is completely false, refusing to comply with any type of investigation will only lessen the accused party’s credibility with the court. I am receiving SSI, still working, I have a grand child living with me as legal guardian, fatherless, mother was living outside US, she’s 16 years old full student. thanks, I have permanent custody of two grandchildren ages 3 and 5. Iam on Social Security disability my daughter died I have custody of my grandson . The penalty for not understanding the rules and the resulting difference in lifetime benefits can be enormous. My wife and I are… Read more ». I believe this law needs reviewed for many grandparents have “court appointed” guardianship for many reasons and it is very difficult to get by with the little amount paid by the state. My husband of almost 25 yrs. A false accusation could also be based on outdated or inaccurate information, like claiming that a parent who has a medical marijuana prescription is a drug addict. It hasn’t for the Causey’s. Nevada gun laws apply to both in-state and out-of-state residents. This includes interactions with government agencies like Child Protective Services. The grandchild was legally adopted by the worker’s surviving spouse in an adoption decreed by a court of competent jurisdiction within the U.S. To qualify for Social Security benefits, one of the following must be correct. He has never contributed financially to the child. Internet addiction disorder (IAD), also known as problematic internet use or pathological internet use, is generally defined as problematic, compulsive use of the internet, that results in significant impairment in an individual's function in various life domains over a prolonged period of time.Young people are at particular risk of developing internet addiction disorder. The parents are both drug addicts. During the divorce process and following a divorce, it is not uncommon for an individual to face false accusations of misconduct from his former spouse. Yes, they get paid to do it, but it can be very easy to simply label practicing law as 'the job' and the clients as 'cases' or 'files'. "Buzz" Clinton was sentenced to life in prison. My ex has been in and of jail since I left Texas for California as of 4 years ago. Their parents were divorced 11 years ago and due to addiction issues my wife and I have legal conservator ship of the children but for the last two years the mother carried then as dependents since she was able to obtain insurance for them through work. If you still have questions, you could leave a comment below, but what may be an even greater help is to join my FREE Facebook members group. Hi I’m considered a disabled adult minor and I collect servivor bennifits under my dad who is dead I’m trying to find out if my two children who were born after my dad was deacesed would qualify for bennifits under him also based off my being disabled ??? Would love your thoughts, please comment. passed away 2 years ago. They have been under DSS supervision for over a year, after their mother gave birth to another child and was reported to DSS by the hospital. He has felonies for having weapons at his house under my protective order. He is currently a drug addict … Beth Ann Carpenter had a promising law career, but when her brother-in-law in found dead on a highway in March 1994, she becomes the prime suspect. The mother of our grandchildren died suddenly and the children are 15 and 12. I have had custody of 3 grandchildren for 8 years. Documentation showing that the criminal charge related to the accusation was dropped. We live in Tennessee. It’s not one of the more well-known benefits, but under the right conditions grandchildren (or step-grandchildren) can receive a benefit based on the work history of a grandparent. For those raising kids, that extra $1,498 will be welcomed. I am 73 I have been raising him for the last 11 years. Their father is in prison and their mother is indigent. Obviously parents choose to relinquish their parental rights for a variety of reasons including divorce, adoption, legal guardianship, or foster care. For example, an individual who previously struggled with drug addiction, but does not currently, can provide documents showing that he has received substance abuse treatment and now lives a sober lifestyle. Although the children aren’t my husbands blood relatives he has helped support and raise them for over ten years and filed them on our taxes too. These could be accusations about his involvement in their children’s lives, a history of domestic violence, his substance addiction or his involvement in criminal activity. Read More: ... demonstrate how the accusation is a misrepresentation of it. He is 90 years old so his pension is small. For example, an individual who works long hours and thus cannot be present for all of her children’s doctor appointments and teacher conferences might face an accusation that she is not adequately involved in her children’s lives. 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 insured worker died. Incarceration. If the individual facing false accusations is working with a family lawyer, it is generally in her best interest to have the lawyer advise her on how to respond to the accusations. We live off of my Disability Social Security income and my Husband’s retirement. It would relieve a huge amount of stress and anxiety if we could find a clear answer, if legal guardianship will enable our granddaughter to receive social security. Two of my grandchildren have lived with me off and on since their birth. Even if she feels the court orders are inappropriate, refusing to comply with them outside extreme circumstances, like refusing to drop her child at her ex’s house because she fears for her child’s safety, will only work against her case. We live in a 55+ community and are having to sell our home in order to raise… Read more ». However, I would also recommend you speak with an attorney who practices in family law. I need Social Security benefits for them. Nevada Question 1 Gun Background Checks Won’t be Enforced. There are two types of child custody: physical custody entitles a parent to have his/her child live with him or her, and legal custody refers to the right and duty to determine aspects of your child’s upbringing (e.g., education, medical care, etc.). what if the grandparent is still working and making a good income? If the worker had a period of disability that lasted until he or she became entitled to benefits or died, for the year immediately before the month in which the period of disability began. Essentially, the Social Security Administration has taken the normal definition of dependent and added the additional requirement of living with the grandparent for at least one year prior to filing for benefits. Testimony from a child psychologist discussing whether a child actually shows signs of abuse. But only non-Nevadans with CCW permits from “reciprocal states” may carry concealed firearms in Nevada. Stop Enabling Your Addicted Adult Child Tough love is a hard, but a valuable language to learn. Here’s how they figure the Formula For Family Maximum Benefit. I admire their attitude! Also…if you haven’t already, you should join the 100,000+ subscribers on my YouTube channel! We have filed on our 4 grandchildren we adopted and social security won’t complete this. If I am already getting widow social security can I adopt a family member will it mess up my social security benefits? Our daughter has not been able to quality yet for disability. Im searching for an answer in that my ex husband of 12 yrs just passed away….we have a set of 23yro twins….i have been collecting SSD benefits for myself for 5 yrs….am i still able to receive any death benefits w/o removing/deducting from my current benefits…he was still paying out of his checks back CS until he became ill about 6 months ago….i did assist our girls in helping him file for disability….his application was submitted by phone on March 12….all required documents have been submitted…but application had not been approved prior to his death…. ... like claiming that a parent who has a medical marijuana prescription is a drug addict. His main concern is the strain of assuming guardianship might be too much for Fiona, who would be committed to spending the next 15 years of her life taking care of the kids. Many of these grandparents don’t know that Social Security retirement benefits for dependent grandchildren is a real possibility. I am unhappy if I loose the back pay I feel… Read more ». For many years it was believed that autism was a condition affecting only males. We have had our granddaughter since she was born addicted to a slew of drugs my husband is on ssd he is 64,the day we brought her home I had to quit work to care for her she’s 6 months now 2 months after our granddaughter was born her mother of and passed away,our son also a addict lives in his truck we are waiting on our court day to finalize the adoption our son has signed away all rights.We’re told she and her sister that lives with the other grandparents were supposed to draw money from their mother because… Read more ». If I get widows benefit would it mess up my social security benefits if I adopt my grandchild, my father was receiving his benefits before my daughter was born. Their father has died and they receive social security survivor benefits. And less than half of child abuse cases will never be reported because neighbors, friends, and relatives are often too nervous or afraid to contact social services and … can someone please HELP,!! I am the legal guardian and grandfather. Lived with the worker in the U.S. and received at least one-half support from the worker: For the year before the month the worker became entitled to retirement or disability insurance benefits or died; or. According to the social security office, he can draw based on his disability, and since he is not adopted our income does not determine his eligibility. Our there and extra help programs to help me with expend for my 12 year old grandson . The legal process will be complete on 9/6/19. We were her foster parents for well over 2 years. We were offered the choices of adoption or legal guardianship. What can we do? I have legal guardianship of 4 grandchildren. I would also have a pension and 401K. How to Disprove and Defeat False Accusations, National Family Solutions: How to Deal With False Accusations to Deny Custody. Read More: How to Disprove and Defeat False Accusations. Lindsay works closely with a few legal marketing agencies, providing blog posts, website content and marketing materials to law firms across the United States. In the first example, they simply waited to file at full retirement age. So when he sees the volatility happening at the trailer next-door (Juno Temple‘s drug addict Shelly and Dean Winters as her belligerent drunk of a boyfriend Jerry), he can understand that it’s both inexcusable and something he shouldn’t risk getting involved with while on parole. He has never contributed financially to the child. Raised her as my own and on my own. Why? It may be good for him to talk to someone about getting social security insurance. Only if BOTH parents are disabled or deceased. The father has not ever carried the children as dependents and we did so until the last two years. If I am denied by appeal counsel before September can I reapply before my survivors benefit end and get disability under my husband or do I have to apply for SSI benefits because I do not have enough points to file SSA under my own, I have not worked enough since 2003. If you have actually committed the acts that you have been accused of, you should admit to wrongdoing, change your behavior and ask for forgiveness. I don’t think so. Testimonies from a child’s teacher or pediatrician discussing the extent to which his parent is involved in his life. As far as I know, the only way for grandchildren to qualify for children’s benefits is to meet the criteria discussed in the article. Whether the accused individual has an attorney or not, she should always comply with court orders to avoid facing a contempt of court charge. Before you make a filing decision, make sure you understand your options. I am 65….i will get approx $2400 soc sec if i work til 66 and 2 months. Both parents have to be disabled/deceased or you must formally adopt them. I had a protective order filed on him in 2012-2014. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Civil and Misdemeanors. She is the one who told me I could file.) Consider the difference in lifetime benefit amounts for a couple with the following circumstances. My grandchildren have lived with my husband and me for over ten years and I have temp. When facing false accusations, it is critical that the accused individual remain rational, refuse to engage with the accuser and comply with all court orders. To my knowledge the requirements would be the same. Both parents disabled. Guardianship. The parents are both drug addicts. An accusation – and in turn, a rebuttal – is only as strong as the evidence provided to support it. From time to time I’ll even drop in to add my thoughts, too. This is a topic where you may want to check with a family law attorney. My husband died in 2003, My sun turns 16 in Sep,2019 and my survivors benefits will end, I have been fighting for disability for 7 years and it is in appeal council cancel being worked right now. Reporting Someone to Social Services. So far, it sounds pretty easy. There is also a … We have given them the adoption paperwork 3 times. Although that sounds technical, these rules are fairly easy to understand. I am 69 and already drawing Social Security. Child custody is one of the most heavily contested decisions in divorce proceedings. i have permanent coustody of two grandkids do i qualify. I will pay for her graduation help with her 1st car and try to help with… Read more », I have temporary custody of my grandson he’s been with me since birth can I get as income for him I’m on disability. My question is in regards to grandparents with joint custody of a grandchild. Can he get any of my social security? Besides meeting the requirement in (A) or (B), the grandchild or step-grandchild must be dependent on the insured as described in § 336. Retirement doesn’t always go as expected. I have 2 grandchildren I have adopted can I receive any money for them when I retire at 62. She has nobody else to depend on and I believe she should be entitled to a portion of my benefits especially if I pass before she is 18 and graduated. Why shouldn’t our grandchildren qualify for SS benefits. Marriage: Prenup, Name Change. These consequences include reduced parenting time with his children, an altered divorce settlement and even potential criminal charges. They had always planned to wait until full retirement age to file for benefits, but that all changed when they found out that by filing for their own benefits, they would turn on Social Security benefits to their dependent grandchildren as well. Every day the lawyer goes to work and deals with problems they did not create. also my husband and i are seperated we do not live together but are still legally married so where does that leave… Read more ». I just filed for SSI on the 5 year old since he has disabilites. They’ll know much more than I do. The oldest is now 20yrs. If you receive xtra on the child due to adoption and drawing at 62 would this count as your total income for tax purposes or would the social security for said child be in child name instead if the person adopting? In the next example, they filed for benefits at age 62! Her primary focus areas within this niche are family law and personal injury law. Why were we turned down help from his SS for our grandchildren? Convicted of capital felony in 2002 for initiating the murder of Anson B. My husband currently draws social security. He receives SSI. The judge presiding over the legal guardianship hearing quickly recognized Frank's lies and concluded the children would be much better off with Fiona as their legal guardian. Unfortunately, this next rule is what disqualifies many grandparent/grandchild households from grandchildren’s benefits. The grandchild (or step-grandchild) must be a dependent. It’s because the benefits to the grandchildren are not available without the grandparent filing first. Children (or grandchildren in this case) are generally eligible to receive an amount equal to 50% of your full retirement age benefit, up to a “family maximum” benefit. There is an order of protection against the father who was not married to our daughter. If I have had legal guardian and the mother which was my daughter was killed but the father is alive but in prison for the crime until well after my grandson turns 18 do I still have to adopt him in order to get him a check off of me because I am disabled and also draw off my husband who recently passed away it is exspensive to adopt is the reason I am having difficulty adopting him. How to Report False Allegations to the Police, How to Get a Guardian ad Litem in Illinois, The Rights & Responsibilities of a Temporary Guardian in Arkansas. the other two are 13 and 15 years old. Posted Nov 25, 2014 I am currently married,63 years old and have a 10 year old daughter. In some cases, a false accusation is a misrepresentation of the truth. Social Security’s definition of dependent, Who You Should Talk To At Your Local Social Security Office. However, check with a family law attorney to see if the next logical step may be an adoption. custody and have since day one. It’s important to note that Social Security’s definition of dependent is as follows: To be dependent on the worker, a grandchild (or step-grandchild) must have: Begun living with the worker before the grandchild became 18 years old; and. Do I qualify for any help? Every incident of false accusations is unique. These were benefits paid on their own work record only. I too am a grandparent in need of information. My father just turned 65. I currently am responsible for the care of them, ages 11 and 14. For a household with grandchildren, extra care and expertise should be applied when applying for Social Security. (I know a really well off lady who is drawing a check on each of 3 disabled grandchildren with permanent custody, also. No person who is under guardianship or treatment or confinement by virtue of being a mental incompetent, or who has been adjudicated or is under treatment or confinement as a drug addict, shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm. In many cases, delaying your filing age is a smart move for multiple reasons. Our daughter and two granddaughters have been living with us for 3 years. Although an individual facing a baseless accusation might be advised to ignore it, serious accusations generally need to be addressed directly. There’s no sense of burden though, they strongly believe it’s a privilege to have the mental, financial, and physical health that affords them the chance to offer security to their grandchildren. Very Well Family: Can I Refuse to Send Kids for Court-Ordered Visitation? I hate one size fits all Social Security advice. If you know someone who is mentally ill, an alcoholic or drug addict who has lost the power of self control and because of his condition is likely to harm himself or others you must first contact Waccamaw Center for Mental Health for an assessment prior to coming to Probate Court. I can no longer get my SSI due to his retiring and drawing SS. A former partner’s false accusations can have serious consequences for the accused party. I am only 48 and have had grandaughter for 3 years with no physical or financial assistance from biological parents, I draw ssi disability for 8 years I have soul custody of my grandaughter can I draw or receive any benefits ..I dont qualify for assistance due to my family household income from ssi. Is legal guardianship satiafy the adoptive parent requirement. Mailbox. Wouldn’t it be the right decision to retire and start drawing my SS now?My wife is 60 years old and still working also. The child is 5 1/2 years and has lived with us since 6 months old. Although the Causey’s had a well thought out retirement income plan, they’ve quickly discovered that the extra expense of raising kids will require them to increase their monthly cash flow. Depending on the accusation, the lawyer might advise her to ignore it because of a lack of evidence to support the accuser’s position or he might advise her to react with ample evidence to discredit the accusation. My husband and I recently was awarded permanent guardianship of our grandkids..can they drAw a heck off his SSA? And use my exhusbands benefit? I can raising my grandchild. But we have a very hard time making it on 900.00 a month his father has been in prison and has never paid child support. Lindsay Kramer is a freelance writer and editor who has been working in the legal niche since 2012. If she’s willing to allow you to adopt, it may be a possibility. The father is in and out of rehab and does not work or live nearby. The father is in and out of rehab and does not work or live nearby. Can a child still get grandparent’s benefits if the disabled grandparent’s custody is summers and holidays? I am raising a grandson since birth…age 10. This evidence should accurately fit the accusation, such as: When a false accusation is a misrepresentation of the truth, the evidence the accused provides to dispute it must acknowledge the truth and demonstrate how the accusation is a misrepresentation of it. We are USA citizens living overseas , we have been bringing up a grandchild since birth (usa citizen ) and we have full custody, would we qualify for benefits if we adopt the grandchild ? The rules as I understand them are that BOTH parents have to be disabled or deceased or you must have legally adopted the child. I have had legal guardianship since birth of my 14 year old grandchild. We get no financial help state or otherwise for them. What do I need to do? Could we file for social security for our 5 and 8 year old granddaughters? They’ll know the ins and outs of these rules. The voluntary relinquishment of parental rights must be granted in a court order. I am in the process of adopting to have full legal control…i can draw on my exhusbands SS and get $1235 month. I have legal custody of him. I hope that I would feel the same if I were placed in their situation. I have 2 grandchildren that have lived with us for 7 yrs after being taken from parents through Child protective services,since then parents signed away rights and we have full custody .We receive a small check for each child from the state.Do they qualify for benefits under my husband’s SSD? In 2012 there were 2.7 million grandparents who had primary responsibility for a grandchild under the age of 18, according to a recent US Census Bureau report. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. But he, as well as my mother before she passed recently, have taken care of her her whole life. I am the legal guardian and grandfather. Does a legal guardianship count? Due to physical and mental health issues, our daughter has not been able to work for 2 1/2 years. He served jail time for this. These kinds of accusations are frequently made in an attempt to discredit the individual they are made against and to persuade the court to rule in the accuser’s favor. The children alternated weeks living in our house and her house for the last 11 years. What Can I Do If Someone Threatens Me or My Child? Also his DaD recently died. A) Both parents are disabled or deceased orB) You are the legally adoptive parent of the grandchild. Or should i wait til 66 and 2 mos? My husband and I have permanent guardianship of our grandchildren. We are the sole support for the three of them except for federal food stamps and federal and state health care. They were surprised when I advised them to file for Social Security benefits immediately. Practicing law is like living with a troubled child, a drug addict, or a psychologically disturbed person. My husband and I are being awarded a durable, legal guardianship for our 2 1/2 granddaughter. -Full Retirement Age Benefits: $2,000 for one spouse & $1,000 for the other spouse. Instead of the frequent traveling they had always planned for their retirement, they are raising their young grandchildren. We want to adopt our grands but will they lose the social security? Same situation as Bob.Would like to kmow how it works with Full Permanent Gaurdianship of child. The mother has no address and has been in no contact for 2 years. If the grandchild was born during the one-year period, the worker must have lived with and provided at least one-half of the grandchild’s support for substantially all of the period from the date of the grandchild’s birth to the month indicated in (B) above. Check with a family law attorney for your options. Legal Separation. But not all cases are the same! I have been taking care of two grandchildren for more than two years. An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the … The family maximum varies, but is equal to 150 to 180 percent of your full retirement age benefit. Can a 17 year old child in Michigan leave home and receive their soc sec benefit check (due to one of their parents being deceased) in their own name? Is legal guardianship satiafy the adoptive parent requirement. In this case they were able to collect an additional $111,920 in lifetime benefits by filing early and turning on the benefits to their grandchildren.