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SSA logo: link to Social Security Online home  PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969- )

Table of Contents

Subpart A—Introduction, General Provisions, and Definitions
Sec. 
410.101 Introduction.
410.110 General definitions and use of terms.
410.120 Disclosure of program information.
410.130 Periods of limitation ending on nonworkdays.
Subpart B—Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence
410.200 Types of benefits; general.
410.201 Conditions of entitlement; miner.
410.202 Duration of entitlement; miner.
410.210 Conditions of entitlement; widow or surviving divorced wife.
410.211 Duration of entitlement; widow or surviving divorced wife.
410.212 Conditions of entitlement; child.
410.213 Duration of entitlement; child.
410.214 Conditions of entitlement; parent, brother, or sister.
410.215 Duration of entitlement; parent, brother, or sister.
410.216 "Good cause" for delayed filing of proof of support.
410.219 Filing a claim under State workmen's compensation law; when filing such claim shall be considered futile.
410.220 Claim for benefits; definitions.
410.221 Prescribed application and request forms.
410.222 Execution of a claim.
410.223 Evidence of authority to execute a claim on behalf of another.
410.224 Claimant must be alive when claim is filed.
410.226 Periods for which claims are effective.
410.227 When a claim is considered to have been filed; time and place of filing.
410.228 Requests and notices to be in writing.
410.229 When written statement is considered a claim; general.
410.230 Written statement filed by or for a miner on behalf of a member of his family.
410.231 Time limits for filing claims.
410.232 Withdrawal of a claim.
410.233 Cancellation of a request for withdrawal.
410.234 Interim provisions.
410.240 Evidence.
410.250 Effect of conviction of felonious and intentional homicide on entitlement to benefits.
Subpart C—Relationship and Dependency
410.300 Relationship and dependency; general.
410.310 Determination of relationship; wife.
410.311 Determination of relationship; divorced wife.
410.320 Determination of relationship; widow.
410.321 Determination of relationship; surviving divorced wife.
410.330 Determination of relationship; child.
410.340 Determination of relationship; parent, brother, or sister.
410.350 Determination of dependency; wife.
410.351 Determination of dependency; divorced wife.
410.360 Determination of dependency; widow.
410.361 Determination of dependency; surviving divorced wife.
410.370 Determination of dependency; child.
410.380 Determination of dependency; parent, brother, or sister.
410.390 Time of determinations.
410.391 Legal impediment.
410.392 Domicile.
410.393 "Member of the same household"; "living with"; "living in the same household"; and "living in the miner's household".
410.394 [Reserved]
410.395 Contributions and support.
Subpart D—Total Disability or Death Due to Pneumoconiosis
410.401 Scope of subpart D.
410.410 Total disability due to pneumoconiosis, including statutory presumption.
410.412 "Total disability" defined.
410.414 Determining the existence of pneumoconiosis, including statutory presumption.
410.416 Determining origin of pneumoconiosis, including statutory presumption.
410.418 Irrebuttable presumption of total disability due to pneumoconiosis.
410.422 Determining total disability: General criteria.
410.424 Determining total disability: Medical criteria only.
410.426 Determining total disability: Age, education, and work experience criteria.
410.428 X-ray, biopsy, and autopsy evidence of pneumoconiosis.
410.430 Ventilatory studies.
410.432 Cessation of disability.
410.450 Death due to pneumoconiosis, including statutory presumption.
410.454 Determining the existence of pneumoconiosis, including statutory presumption—survivor's claim.
410.456 Determining origin of pneumoconiosis, including statutory presumption—survivor's claim.
410.458 Irrebuttable presumption of death due to pneumoconiosis—survivor's claim.
410.462 Presumption relating to respirable disease.
410.470 Determination by nongovernmental organization or other governmental agency.
410.471 Conclusion by physician regarding miner's disability or death.
410.472 Consultative examinations.
410.473 Evidence of continuation of disability.
410.474 Place and manner of submitting evidence.
410.475 Failure to submit evidence.
410.476 Responsibility to give notice of event which may affect a change in disability status.
410.490 Interim 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
410.501 Payment periods.
410.505 Payees.
410.510 Computation of benefits.
410.511 Certification to dependent of augmentation portion of benefit.
410.515 Modification of benefit amounts; general.
410.520 Reductions; receipt of State benefit.
410.530 Reductions; excess earnings.
410.535 Reductions; effect of an additional claim for benefits.
410.536 Reductions; effect of augmentation of benefits based on subsequent qualification of individual.
410.540 Reductions; more than one reduction event.
410.550 Nonpayment of benefits to residents of certain States.
410.560 Overpayments.
410.561 Notice of right to waiver consideration.
410.561a When waiver may be applied and how to process the request.
410.561b Fault.
410.561c Defeat the purpose of title IV.
410.561d Against equity and good conscience; defined.
410.561e When an individual is "without fault" in a reduction-overpayment.
410.561f When an individual is "without fault" in an entitlement overpayment.
410.561g When an individual is at "fault" in a reduction-overpayment.
410.561h When adjustment or recovery of an overpayment will be waived.
410.563 Liability of a certifying officer.
410.565 Collection and compromise of claims for overpayment.
410.570 Underpayments.
410.580 Relation to provisions for reductions or increases.
410.581 Payments on behalf of an individual.
410.582 Submission of evidence by representative payee.
410.583 Responsibility of representative payee.
410.584 Use of benefits for current maintenance.
410.585 Conservation and investment of payments.
410.586 Use of benefits for beneficiary in institution.
410.587 Support of legally dependent spouse, child, or parent.
410.588 Claims of creditors.
410.589 Accountability.
410.590 Transfer of accumulated benefit payments.
410.591 Eligibility 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
410.601 Determinations of disability.
410.610 Administrative actions that are initial determinations.
410.615 Administrative actions that are not initial determinations.
410.620 Notice of initial determination.
410.621 Effect of initial determination.
410.622 Reconsideration and hearing.
410.623 Reconsideration; right to reconsideration.
410.624 Time and place of filing request.
410.625 Parties to the reconsideration.
410.626 Notice of reconsideration.
410.627 Reconsidered determination.
410.628 Notice of reconsidered determination.
410.629 Effect of a reconsidered determination.
410.629a Expedited appeals process; conditions for use of such process.
410.629b Expedited appeals process; place and time of filing request.
410.629c Expedited appeals process; parties.
410.629d Expedited appeals process; agreement requirements.
410.629e Expedited appeals process; effect of agreement.
410.629f Effect of a request that does not result in agreement.
410.630 Hearing; right to hearing.
410.631 Time and place of filing request.
410.632 Parties to a hearing.
410.633 Additional parties to the hearing.
410.634 Administrative Law Judge.
410.635 Disqualification of Administrative Law Judge.
410.636 Time and place of hearing.
410.637 Hearing on new issues.
410.638 Change of time and place for hearing.
410.639 Subpenas.
410.640 Conduct of hearing.
410.641 Evidence.
410.642 Witnesses.
410.643 Oral argument and written allegations.
410.644 Record of hearing.
410.645 Joint hearings.
410.646 Consolidated issues.
410.647 Waiver of right to appear and present evidence.
410.648 Dismissal of request for hearing; by application of party.
410.649 Dismissal by abandonment of party.
410.650 Dismissal for cause.
410.651 Notice of dismissal and right to request review thereon.
410.652 Effect of dismissal.
410.653 Vacation of dismissal of request for hearing.
410.654 Administrative Law Judge's decision or certification to Appeals Council.
410.655 Effect of Administrative Law Judge's decision.
410.656 Removal of hearing to Appeals Council.
410.657 Appeals Council proceedings on certification and review; procedure before Appeals Council on certification by the Administrative Law Judge.
410.658 Evidence in proceeding before Appeals Council.
410.659 Decision of Appeals Council.
410.660 Right to request review of Administrative Law Judge's decision or dismissal.
410.661 Time and place of filing request.
410.662 Action by Appeals Council on review.
410.663 Procedure before Appeals Council on review.
410.664 Evidence admissible on review.
410.665 Decision by Appeals Council or remanding of case.
410.666 Effect of Appeals Council's decision or refusal to review.
410.667 Dismissal by Appeals Council.
410.668 Extension of time to request reconsideration.
410.669 Extension of time to request hearing or review or begin civil action.
410.670 Review by Appeals Council.
410.670a Judicial review.
410.670b Interim provision for the adjudication of certain claims filed prior to May 19, 1972.
410.670c Application of circuit court law.
410.671 Revision for error or other reason; time limitation generally.
410.672 Reopening initial, revised or reconsidered determinations of the Administration and decisions of an Administrative Law Judge or the Appeals Council; finality of determinations and decisions.
410.673 Good cause for reopening a determination or decision.
410.674 Finality of suspension of benefit payments for entire taxable year because of earnings.
410.675 Time limitation for revising finding suspending benefit payments for entire taxable year because of earnings.
410.675a Late completion of timely investigation.
410.676 Notice of revision.
410.677 Effect of revised determination.
410.678 Time and place of requesting hearing on revised determination.
410.679 Finality of findings with respect to other claims for benefits based on the disability or death of a miner.
410.680 Imposition of reductions.
410.681 Change of ruling or legal precedent.
410.682 General applicability.
410.683 Certification of payment; determination or decision providing for payment.
410.683a [Reserved]
410.683b Transfer or assignment.
410.684 Representation of party; appointment of representative.
410.685 Qualifications of representative.
410.686 Authority of representative.
410.686a Proceedings before a State or Federal court.
410.686b Fee for services performed for an individual before the Social Security Administration.
410.686c Petition for approval of fee.
410.686d Payment of fees.
410.686e Services rendered for an individual in a proceeding before the Administration under part B of title IV of the Act.
410.687 Rules governing the representation and advising of claimants and parties.
410.687a Effective date.
410.688 Disqualification or suspension of an individual from acting as a representative in proceedings before SSA.
410.689 Notice of charges.
410.690 Withdrawal of charges.
410.691 Referral to the Deputy Commissioner for Programs and Policy, or his or her designee, for hearing and decision.
410.692 Hearing on charges.
410.693 Decision by hearing officer.
410.694 Right to request review of the hearing officer's decision.
410.695 Procedure before Appeals Council on review of hearing officer's decision.
410.696 Evidence admissible on review.
410.697 Decision by Appeals Council on review of hearing officer's decision.
410.698 Dismissal by Appeals Council.
410.699 Reinstatement after suspension or disqualification.
410.699a Penalties for fraud.
Subpart G—Rules for the Review of Denied and Pending Claims Under the Black Lung Benefits Reform Act (BLBRA) of 1977
410.700 Background.
410.701 Jurisdiction for determining entitlement under part B.
410.702 Definitions and terms.
410.703 Adjudicatory rules for determining entitlement to benefits.
410.704 Review procedures.
410.705 Duplicate claims.
410.706 Effect of Social Security Administration determination of entitlement.
410.707 Hearings and appeals.
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Last reviewed or modified Thursday Sep 21, 2006

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