NJSBA Family Law Section

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  • 1.  Adoption and Social Security Child Survival Benefit

    Posted 08-09-2021 03:13 PM
    Hello,

    As I have received 2 conflicting opinions from the social security and my research is inconclusive, I was hoping someone here might be able to point me in the right direction. 

    Would step-parent adoption terminate child's social security survivor benefits? Bio parent 1 is dead, bio parent 2 remarried and step parent wants to adopt the child. 

    Thank you for any guidance.
    Natalia

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    Natalia Teper Esq.
    Teper Law Firm LLC
    Hamilton NJ
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  • 2.  RE: Adoption and Social Security Child Survival Benefit

    Posted 08-09-2021 03:22 PM
    Hi Natalia.  According to POMS childs entitlement to deceased parents benefit does not terminate upon adoption by step parent.  Research the POMS as I did not get the exact section number 



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  • 3.  RE: Adoption and Social Security Child Survival Benefit

    Posted 08-09-2021 04:27 PM
    I agree, Elizabeth. 

    For disability or survivor benefits, if the child's benefits have vested before the adoption and the termination of rights of the parent through whom the benefits flowed, the benefit will continue unabated after an adoption.  The benefits MUST vest before the adoption, so don't jump the gun and do an adoption before the benefit is approved.  This is in RS 00203.035 of the SSA POMS.  There is also an older publication EN-05-10077 that has info.

    I have also found that this concept is also built in to child military survivor benefits to allow a child to maintain those benefits after adoption.



    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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