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Social Security Benefits and Adoption in Kansas

Social Security Benefits and Adoption in Kansas
July 28, 2018 LS_admin

Unfortunately, money is often a limiting factor on people’s ability to bring an adopted child into their lives. This is even more of a factor when prospective parents have a disability, are seriously injured, or are considering bringing a child with a disability into their home. What I tell parents here in Kansas is that if you can love a child, then there is likely a way to bring them into your home through adoption. Finances need not be the deciding factor.

If you are considering bringing a child into your life, you will need the assistance of an experienced Kansas adoption attorney. Avoid pitfalls, headaches, and heartaches, call McDowell Chartered at (316)-269-0746 to get the advice you need.

If You Become Disabled

If you become disabled and are unable to work, you may be eligible for Social Security Administration benefits. These benefits help to provide an income while you are unable to earn one. If you become disabled, your children also receive funds on your behalf. The good news is that the definition of your “children” for purposes of SSA benefits includes eligible adopted children. To be eligible, your disability must arise by the before the child turns 16. Your eligible children, whether biological or adopted, receives up to 50 percent of your SSA benefit each month, up to a cap of 150 to 180 percent of your personal SSA benefit. Benefits end when the child turns 18; however, if they are still attending school they can receive benefits until two months after their 19th birthday or up until they graduate, whichever occurs first.

If Your Child Becomes Disabled or Has a Permanent Disability

If you adopt a child with a disability, it must be a “qualifying disability” to entitle them to Social Security Disability Benefits or Supplemental Security Income.  A qualifying disability must functionally equal two of six functional categories of impairment, listed here:

  1. The ability to acquire and use information
  2. The ability to complete tasks
  3. The ability to interact and relate to others
  4. The ability to move and manipulate objects
  5. The ability to care for themselves
  6. Their general health and physical well-being

If your adopted child’s disability meets two of those categories, lasts longer than a year or is terminal, and prevents him or her from working, then he or she will qualify for these government subsidies.  There are different age cut-offs for the various programs, but I want to underscore that the financial costs incurred by bringing a seriously disabled child into your home do not have to carried by you alone and will likely be mitigated with government subsidies for the child’s entire life.

If You Adopt Your Grandchildren

If you are a grandparent that has adopted your grandchildren or step-grandchildren, they will be able to qualify for the same Social Security disability benefits as your biological or adopted children.

If their biological parents are disabled or deceased, your grandchildren will still be able to collect their disability payments.  That is true if you are providing regular support for them or at least half of their financial support, and they had lived with you for at least a year before they became eligible for disability insurance (or if they have lived with you for most of their lives if they are under 12 months old).

What Should I Do If I am Considering Adoption in Kansas?

Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption process, regardless of the type of adoption that you choose to pursue. McDowell Chartered has experience with all kinds of adoption, including the adoption of children with disabilities.  Hiring an experienced Kansas adoption attorney is the first step to bringing a child into your home.

Call our caring full-service adoption law firm at (316)-269-0746 to set up an appointment in order to discuss any one of many types of adoption.