What do my husband and I need to do to get social security benefits for our great- nephews?

Child’s insurance benefits (42 U.S.C. §§ 402(d); 416(e), (h); 20 C.F.R. §§ 404.350 et seq.): Children can receive benefits on the account of a wage earner if that wage earner is disabled, blind, retired, or deceased. The child can earn the benefits up to age 18, or 19 if the child is a full-time student, and unmarried and dependent on the wage earner. Additionally, a child that became disabled before attaining age 22 and was dependent on the wage earner can earn under the wage earner’s account. The regulations on child’s insurance benefits contain provisions for legitimate and illegitimate children, adopted children, grandchildren, etc. Most likely, you will have to adopt the children for them to receive benefits under your husband's account.

I concur with Attorney Dreiser - even if the children were your grandchildren, generally the biological parents would need to be deceased or disabled, or the children would need to be adopted by the grandparent(s). So, in the situation you described, your husband (and potentially you) would need to adopt the children for them to access his (and potentially your) Social Security benefits.

My colleagues advice is correct. Good luck to you.