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PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969-)

CFR Table of Contents

Table of Contents

Sec. 

Subpart A—Introduction, General Provisions, and Definitions

410.101Introduction.
410.110General definitions and use of terms.
410.120Disclosure of program information.
410.130Periods of limitation ending on nonworkdays.

Subpart B—Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence

410.200Types of benefits; general.
410.201Conditions of entitlement; miner.
410.202Duration of entitlement; miner.
410.210Conditions of entitlement; widow or surviving divorced wife.
410.211Duration of entitlement; widow or surviving divorced wife.
410.212Conditions of entitlement; child.
410.213Duration of entitlement; child.
410.214Conditions of entitlement; parent, brother, or sister.
410.215Duration of entitlement; parent, brother, or sister.
410.216“Good cause” for delayed filing of proof of support.
410.219Filing a claim under State workmen's compensation law; when filing such claim shall be considered futile.
410.220Claim for benefits; definitions.
410.221Prescribed application and request forms.
410.222Execution of a claim.
410.223Evidence of authority to execute a claim on behalf of another.
410.224Claimant must be alive when claim is filed.
410.226Periods for which claims are effective.
410.227When a claim is considered to have been filed; time and place of filing.
410.228Requests and notices to be in writing.
410.229When written statement is considered a claim; general.
410.230Written statement filed by or for a miner on behalf of a member of his family.
410.231Time limits for filing claims.
410.232Withdrawal of a claim.
410.233Cancellation of a request for withdrawal.
410.234Interim provisions.
410.240Evidence.
410.250Effect of conviction of felonious and intentional homicide on entitlement to benefits.

Subpart C—Relationship and Dependency

410.300Relationship and dependency; general.
410.310Determination of relationship; wife.
410.311Determination of relationship; divorced wife.
410.320Determination of relationship; widow.
410.321Determination of relationship; surviving divorced wife.
410.330Determination of relationship; child.
410.340Determination of relationship; parent, brother, or sister.
410.350Determination of dependency; wife.
410.351Determination of dependency; divorced wife.
410.360Determination of dependency; widow.
410.361Determination of dependency; surviving divorced wife.
410.370Determination of dependency; child.
410.380Determination of dependency; parent, brother, or sister.
410.390Time of determinations.
410.391Legal impediment.
410.392Domicile.
410.393“Member of the same household”; “living with”; “living in the same household”; and “living in the miner's household”.
410.394[Reserved]
410.395Contributions and support.

Subpart D—Total Disability or Death Due to Pneumoconiosis

410.401Scope of subpart D.
410.410Total disability due to pneumoconiosis, including statutory presumption.
410.412“Total disability” defined.
410.414Determining the existence of pneumoconiosis, including statutory presumption.
410.416Determining origin of pneumoconiosis, including statutory presumption.
410.418Irrebuttable presumption of total disability due to pneumoconiosis.
410.422Determining total disability: General criteria.
410.424Determining total disability: Medical criteria only.
410.426Determining total disability: Age, education, and work experience criteria.
410.428X-ray, biopsy, and autopsy evidence of pneumoconiosis.
410.430Ventilatory studies.
410.432Cessation of disability.
410.450Death due to pneumoconiosis, including statutory presumption.
410.454Determining the existence of pneumoconiosis, including statutory presumption—survivor's claim.
410.456Determining origin of pneumoconiosis, including statutory presumption—survivor's claim.
410.458Irrebuttable presumption of death due to pneumoconiosis—survivor's claim.
410.462Presumption relating to respirable disease.
410.470Determination by nongovernmental organization or other governmental agency.
410.471Conclusion by physician regarding miner's disability or death.
410.472Consultative examinations.
410.473Evidence of continuation of disability.
410.474Place and manner of submitting evidence.
410.475Failure to submit evidence.
410.476Responsibility to give notice of event which may affect a change in disability status.
410.490Interim adjudicatory rules for certain part B claims filed by a miner before July 1, 1973, or by a survivor where the miner died before January 1, 1974.
Appendix to Subpart D of Part 410

Subpart E—Payment of Benefits

410.501Payment periods.
410.505Payees.
410.510Computation of benefits.
410.511Certification to dependent of augmentation portion of benefit.
410.515Modification of benefit amounts; general.
410.520Reductions; receipt of State benefit.
410.530Reductions; excess earnings.
410.535Reductions; effect of an additional claim for benefits.
410.536Reductions; effect of augmentation of benefits based on subsequent qualification of individual.
410.540Reductions; more than one reduction event.
410.550Nonpayment of benefits to residents of certain States.
410.560Overpayments.
410.561Notice of right to waiver consideration.
410.561aWhen waiver may be applied and how to process the request.
410.561bFault.
410.561cDefeat the purpose of title IV.
410.561dAgainst equity and good conscience; defined.
410.561eWhen an individual is “without fault” in a reduction-overpayment.
410.561fWhen an individual is “without fault” in an entitlement overpayment.
410.561gWhen an individual is at “fault” in a reduction-overpayment.
410.561hWhen adjustment or recovery of an overpayment will be waived.
410.563Liability of a certifying officer.
410.565Collection and compromise of claims for overpayment.
410.570Underpayments.
410.580Relation to provisions for reductions or increases.
410.581Payments on behalf of an individual.
410.582Submission of evidence by representative payee.
410.583Responsibility of representative payee.
410.584Use of benefits for current maintenance.
410.585Conservation and investment of payments.
410.586Use of benefits for beneficiary in institution.
410.587Support of legally dependent spouse, child, or parent.
410.588Claims of creditors.
410.589Accountability.
410.590Transfer of accumulated benefit payments.
410.591Eligibility for services and supplies under part C of title IV of the act.

Subpart F—Determinations of Disability, Other Determinations, Administrative Review, Finality of Decisions, and Representation of Parties

410.601Determinations of disability.
410.610Administrative actions that are initial determinations.
410.615Administrative actions that are not initial determinations.
410.620Notice of initial determination.
410.621Effect of initial determination.
410.622Reconsideration and hearing.
410.623Reconsideration; right to reconsideration.
410.624Time and place of filing request.
410.625Parties to the reconsideration.
410.626Notice of reconsideration.
410.627Reconsidered determination.
410.628Notice of reconsidered determination.
410.629Effect of a reconsidered determination.
410.629aExpedited appeals process; conditions for use of such process.
410.629bExpedited appeals process; place and time of filing request.
410.629cExpedited appeals process; parties.
410.629dExpedited appeals process; agreement requirements.
410.629eExpedited appeals process; effect of agreement.
410.629fEffect of a request that does not result in agreement.
410.630Hearing; right to hearing.
410.631Time and place of filing request.
410.632Parties to a hearing.
410.633Additional parties to the hearing.
410.634Administrative Law Judge.
410.635Disqualification of Administrative Law Judge.
410.636Time and place of hearing.
410.637Hearing on new issues.
410.638Change of time and place for hearing.
410.639Subpenas.
410.640Conduct of hearing.
410.641Evidence.
410.642Witnesses.
410.643Oral argument and written allegations.
410.644Record of hearing.
410.645Joint hearings.
410.646Consolidated issues.
410.647Waiver of right to appear and present evidence.
410.648Dismissal of request for hearing; by application of party.
410.649Dismissal by abandonment of party.
410.650Dismissal for cause.
410.651Notice of dismissal and right to request review thereon.
410.652Effect of dismissal.
410.653Vacation of dismissal of request for hearing.
410.654Administrative Law Judge's decision or certification to Appeals Council.
410.655Effect of Administrative Law Judge's decision.
410.656Removal of hearing to Appeals Council.
410.657Appeals Council proceedings on certification and review; procedure before Appeals Council on certification by the Administrative Law Judge.
410.658Evidence in proceeding before Appeals Council.
410.659Decision of Appeals Council.
410.660Right to request review of Administrative Law Judge's decision or dismissal.
410.661Time and place of filing request.
410.662Action by Appeals Council on review.
410.663Procedure before Appeals Council on review.
410.664Evidence admissible on review.
410.665Decision by Appeals Council or remanding of case.
410.666Effect of Appeals Council's decision or refusal to review.
410.667Dismissal by Appeals Council.
410.668Extension of time to request reconsideration.
410.669Extension of time to request hearing or review or begin civil action.
410.670Review by Appeals Council.
410.670aJudicial review.
410.670bInterim provision for the adjudication of certain claims filed prior to May 19, 1972.
410.670cApplication of circuit court law.
410.671Revision for error or other reason; time limitation generally.
410.672Reopening initial, revised or reconsidered determinations of the Administration and decisions of an Administrative Law Judge or the Appeals Council; finality of determinations and decisions.
410.673Good cause for reopening a determination or decision.
410.674Finality of suspension of benefit payments for entire taxable year because of earnings.
410.675Time limitation for revising finding suspending benefit payments for entire taxable year because of earnings.
410.675aLate completion of timely investigation.
410.676Notice of revision.
410.677Effect of revised determination.
410.678Time and place of requesting hearing on revised determination.
410.679Finality of findings with respect to other claims for benefits based on the disability or death of a miner.
410.680Imposition of reductions.
410.681Change of ruling or legal precedent.
410.682General applicability.
410.683Certification of payment; determination or decision providing for payment.
410.683a[Reserved]
410.683bTransfer or assignment.
410.684Representation of party; appointment of representative.
410.685Qualifications of representative.
410.686Authority of representative.
410.686aProceedings before a State or Federal court.
410.686bFee for services performed for an individual before the Social Security Administration.
410.686cPetition for approval of fee.
410.686dPayment of fees.
410.686eServices rendered for an individual in a proceeding before the Administration under part B of title IV of the Act.
410.687Rules governing the representation and advising of claimants and parties.
410.687aEffective date.
410.688Disqualification or suspension of an individual from acting as a representative in proceedings before SSA.
410.689Notice of charges.
410.690Withdrawal of charges.
410.691Referral to the Deputy Commissioner for Programs and Policy, or his or her designee, for hearing and decision.
410.692Hearing on charges.
410.693Decision by hearing officer.
410.694Right to request review of the hearing officer's decision.
410.695Procedure before Appeals Council on review of hearing officer's decision.
410.696Evidence admissible on review.
410.697Decision by Appeals Council on review of hearing officer's decision.
410.698Dismissal by Appeals Council.
410.699Reinstatement after suspension or disqualification.
410.699aPenalties for fraud.

Subpart G—Rules for the Review of Denied and Pending Claims Under the Black Lung Benefits Reform Act (BLBRA) of 1977

410.700Background.
410.701Jurisdiction for determining entitlement under part B.
410.702Definitions and terms.
410.703Adjudicatory rules for determining entitlement to benefits.
410.704Review procedures.
410.705Duplicate claims.
410.706Effect of Social Security Administration determination of entitlement.
410.707Hearings and appeals.
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Last reviewed or modified Friday Nov 04, 2011

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