It’s important to understand the criteria for determining grandchild or stepgrandchild dependency, as it can impact Social Security benefits.
This blog post aims to provide a clear explanation of when a grandchild or stepgrandchild is considered dependent upon the insured according to § 404.364.
- Criteria for grandchild or stepgrandchild dependency
A grandchild or stepgrandchild is considered dependent upon the insured if both of the following conditions are met:
a) The grandchild or stepgrandchild began living with the insured before they turned 18 years old.
b) The grandchild or stepgrandchild lived with the insured in the United States and received at least one-half of their support from the insured for the specified time frame.
- Specified time frame for receiving support
The specified time frame refers to the year before the insured became entitled to old-age or disability benefits, or passed away. If the insured had a period of disability that lasted until they became entitled to benefits or passed away, the time frame refers to the year immediately before the month in which the period of disability began.
- Support requirements for children born during the 1-year period
For children born during the 1-year period, the insured must have lived with the child and provided at least one-half of the child’s support for substantially all of the period that begins on the date of the child’s birth.
- The “substantially all” requirement
The “substantially all” requirement is met if:
- At one of the times described in the specified time frame, the insured was living with the grandchild or stepgrandchild and providing at least one-half of their support.
- Any period during which the insured was not living with the grandchild or stepgrandchild and providing one-half of their support did not exceed the lesser of 3 months or one-half of the period beginning with the month of the child’s birth.
Example:
Meet Jane, a 65-year-old woman who recently became entitled to her Social Security old-age benefits. Jane’s daughter, Laura, passed away three years ago, leaving behind her 15-year-old son, Michael. Since Laura’s passing, Michael has been living with Jane.
To determine if Michael is considered Jane’s dependent grandchild according to § 404.364, we need to review the criteria:
- Michael began living with Jane when he was 15, which is before turning 18 years old, so the first condition is met.
- Over the past year, before Jane became entitled to her old-age benefits, Michael has been living with Jane in the United States, and she provided at least one-half of his support. This means the second condition is met.
Since both conditions are satisfied, Michael is considered Jane’s dependent grandchild. As a result, he may be eligible for Social Security benefits based on Jane’s work record.
Conclusion: Understanding the criteria for grandchild or stepgrandchild dependency is essential for families navigating Social Security benefits. To be considered dependent, a grandchild or stepgrandchild must meet specific age, living arrangement, and support requirements. If you need further assistance or have questions about your specific situation, it’s always a good idea to consult with a Social Security representative or an experienced professional.
https://www.ssa.gov/OP_Home/cfr20/404/404-0364.htm
At Hugo Fierro & Michael Perez, we have the expertise to aid you in understanding the intricacies of your Social Security disability claim.