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Subpart A—Introduction, General Provisions, and Definitions | |
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Sec. | |
| Introduction. |
| General definitions and use of terms. |
| Disclosure of program information. |
| Periods of limitation ending on nonworkdays. |
Subpart B—Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence | |
| Types of benefits; general. |
| Conditions of entitlement; miner. |
| Duration of entitlement; miner. |
| Conditions of entitlement; widow or surviving divorced wife. |
| Duration of entitlement; widow or surviving divorced wife. |
| Conditions of entitlement; child. |
| Duration of entitlement; child. |
| Conditions of entitlement; parent, brother, or sister. |
| Duration of entitlement; parent, brother, or sister. |
| "Good cause" for delayed filing of proof of support. |
| Filing a claim under State workmen's compensation law; when filing such claim shall be considered futile. |
| Claim for benefits; definitions. |
| Prescribed application and request forms. |
| Execution of a claim. |
| Evidence of authority to execute a claim on behalf of another. |
| Claimant must be alive when claim is filed. |
| Periods for which claims are effective. |
| When a claim is considered to have been filed; time and place of filing. |
| Requests and notices to be in writing. |
| When written statement is considered a claim; general. |
| Written statement filed by or for a miner on behalf of a member of his family. |
| Time limits for filing claims. |
| Withdrawal of a claim. |
| Cancellation of a request for withdrawal. |
| Interim provisions. |
| Evidence. |
| Effect of conviction of felonious and intentional homicide on entitlement to benefits. |
Subpart C—Relationship and Dependency | |
| Relationship and dependency; general. |
| Determination of relationship; wife. |
| Determination of relationship; divorced wife. |
| Determination of relationship; widow. |
| Determination of relationship; surviving divorced wife. |
| Determination of relationship; child. |
| Determination of relationship; parent, brother, or sister. |
| Determination of dependency; wife. |
| Determination of dependency; divorced wife. |
| Determination of dependency; widow. |
| Determination of dependency; surviving divorced wife. |
| Determination of dependency; child. |
| Determination of dependency; parent, brother, or sister. |
| Time of determinations. |
| Legal impediment. |
| Domicile. |
| "Member of the same household"; "living with"; "living in the same household"; and "living in the miner's household". |
| [Reserved] |
| Contributions and support. |
Subpart D—Total Disability or Death Due to Pneumoconiosis | |
| Scope of subpart D. |
| Total disability due to pneumoconiosis, including statutory presumption. |
| "Total disability" defined. |
| Determining the existence of pneumoconiosis, including statutory presumption. |
| Determining origin of pneumoconiosis, including statutory presumption. |
| Irrebuttable presumption of total disability due to pneumoconiosis. |
| Determining total disability: General criteria. |
| Determining total disability: Medical criteria only. |
| Determining total disability: Age, education, and work experience criteria. |
| X-ray, biopsy, and autopsy evidence of pneumoconiosis. |
| Ventilatory studies. |
| Cessation of disability. |
| Death due to pneumoconiosis, including statutory presumption. |
| Determining the existence of pneumoconiosis, including statutory presumption—survivor's claim. |
| Determining origin of pneumoconiosis, including statutory presumption—survivor's claim. |
| Irrebuttable presumption of death due to pneumoconiosis—survivor's claim. |
| Presumption relating to respirable disease. |
| Determination by nongovernmental organization or other governmental agency. |
| Conclusion by physician regarding miner's disability or death. |
| Consultative examinations. |
| Evidence of continuation of disability. |
| Place and manner of submitting evidence. |
| Failure to submit evidence. |
| Responsibility to give notice of event which may affect a change in disability status. |
| 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 | |
| Payment periods. |
| Payees. |
| Computation of benefits. |
| Certification to dependent of augmentation portion of benefit. |
| Modification of benefit amounts; general. |
| Reductions; receipt of State benefit. |
| Reductions; excess earnings. |
| Reductions; effect of an additional claim for benefits. |
| Reductions; effect of augmentation of benefits based on subsequent qualification of individual. |
| Reductions; more than one reduction event. |
| Nonpayment of benefits to residents of certain States. |
| Overpayments. |
| Notice of right to waiver consideration. |
| When waiver may be applied and how to process the request. |
| Fault. |
| Defeat the purpose of title IV. |
| Against equity and good conscience; defined. |
| When an individual is "without fault" in a reduction-overpayment. |
| When an individual is "without fault" in an entitlement overpayment. |
| When an individual is at "fault" in a reduction-overpayment. |
| When adjustment or recovery of an overpayment will be waived. |
| Liability of a certifying officer. |
| Collection and compromise of claims for overpayment. |
| Underpayments. |
| Relation to provisions for reductions or increases. |
| Payments on behalf of an individual. |
| Submission of evidence by representative payee. |
| Responsibility of representative payee. |
| Use of benefits for current maintenance. |
| Conservation and investment of payments. |
| Use of benefits for beneficiary in institution. |
| Support of legally dependent spouse, child, or parent. |
| Claims of creditors. |
| Accountability. |
| Transfer of accumulated benefit payments. |
| 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 | |
| Determinations of disability. |
| Administrative actions that are initial determinations. |
| Administrative actions that are not initial determinations. |
| Notice of initial determination. |
| Effect of initial determination. |
| Reconsideration and hearing. |
| Reconsideration; right to reconsideration. |
| Time and place of filing request. |
| Parties to the reconsideration. |
| Notice of reconsideration. |
| Reconsidered determination. |
| Notice of reconsidered determination. |
| Effect of a reconsidered determination. |
| Expedited appeals process; conditions for use of such process. |
| Expedited appeals process; place and time of filing request. |
| Expedited appeals process; parties. |
| Expedited appeals process; agreement requirements. |
| Expedited appeals process; effect of agreement. |
| Effect of a request that does not result in agreement. |
| Hearing; right to hearing. |
| Time and place of filing request. |
| Parties to a hearing. |
| Additional parties to the hearing. |
| Administrative Law Judge. |
| Disqualification of Administrative Law Judge. |
| Time and place of hearing. |
| Hearing on new issues. |
| Change of time and place for hearing. |
| Subpenas. |
| Conduct of hearing. |
| Evidence. |
| Witnesses. |
| Oral argument and written allegations. |
| Record of hearing. |
| Joint hearings. |
| Consolidated issues. |
| Waiver of right to appear and present evidence. |
| Dismissal of request for hearing; by application of party. |
| Dismissal by abandonment of party. |
| Dismissal for cause. |
| Notice of dismissal and right to request review thereon. |
| Effect of dismissal. |
| Vacation of dismissal of request for hearing. |
| Administrative Law Judge's decision or certification to Appeals Council. |
| Effect of Administrative Law Judge's decision. |
| Removal of hearing to Appeals Council. |
| Appeals Council proceedings on certification and review; procedure before Appeals Council on certification by the Administrative Law Judge. |
| Evidence in proceeding before Appeals Council. |
| Decision of Appeals Council. |
| Right to request review of Administrative Law Judge's decision or dismissal. |
| Time and place of filing request. |
| Action by Appeals Council on review. |
| Procedure before Appeals Council on review. |
| Evidence admissible on review. |
| Decision by Appeals Council or remanding of case. |
| Effect of Appeals Council's decision or refusal to review. |
| Dismissal by Appeals Council. |
| Extension of time to request reconsideration. |
| Extension of time to request hearing or review or begin civil action. |
| Review by Appeals Council. |
| Judicial review. |
| Interim provision for the adjudication of certain claims filed prior to May 19, 1972. |
| Application of circuit court law. |
| Revision for error or other reason; time limitation generally. |
| 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. |
| Good cause for reopening a determination or decision. |
| Finality of suspension of benefit payments for entire taxable year because of earnings. |
| Time limitation for revising finding suspending benefit payments for entire taxable year because of earnings. |
| Late completion of timely investigation. |
| Notice of revision. |
| Effect of revised determination. |
| Time and place of requesting hearing on revised determination. |
| Finality of findings with respect to other claims for benefits based on the disability or death of a miner. |
| Imposition of reductions. |
| Change of ruling or legal precedent. |
| General applicability. |
| Certification of payment; determination or decision providing for payment. |
| [Reserved] |
| Transfer or assignment. |
| Representation of party; appointment of representative. |
| Qualifications of representative. |
| Authority of representative. |
| Proceedings before a State or Federal court. |
| Fee for services performed for an individual before the Social Security Administration. |
| Petition for approval of fee. |
| Payment of fees. |
| Services rendered for an individual in a proceeding before the Administration under part B of title IV of the Act. |
| Rules governing the representation and advising of claimants and parties. |
| Effective date. |
| Disqualification or suspension of an individual from acting as a representative in proceedings before SSA. |
| Notice of charges. |
| Withdrawal of charges. |
| Referral to the Deputy Commissioner for Programs and Policy, or his or her designee, for hearing and decision. |
| Hearing on charges. |
| Decision by hearing officer. |
| Right to request review of the hearing officer's decision. |
| Procedure before Appeals Council on review of hearing officer's decision. |
| Evidence admissible on review. |
| Decision by Appeals Council on review of hearing officer's decision. |
| Dismissal by Appeals Council. |
| Reinstatement after suspension or disqualification. |
| Penalties for fraud. |
Subpart G—Rules for the Review of Denied and Pending Claims Under the Black Lung Benefits Reform Act (BLBRA) of 1977 | |
| Background. |
| Jurisdiction for determining entitlement under part B. |
| Definitions and terms. |
| Adjudicatory rules for determining entitlement to benefits. |
| Review procedures. |
| Duplicate claims. |
| Effect of Social Security Administration determination of entitlement. |
| Hearings and appeals. |
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Last reviewed or modified Wednesday Sep 17, 2008 |