(a) As used hereinafter, the term adjudicator shall mean district
director or administrative law judge (ALJ).
(b) If a settlement application is submitted to an adjudicator and
the case is pending at the Office of Administrative Law Judges, the
Benefits Review Board, or any Federal circuit court of appeals, the
parties may request that the case be remanded to the adjudicator for
consideration of the application. The thirty day period as described in
paragraph (f) of this section begins when the remanded case is received
by the adjudicator.
(c) If a settlement application is first submitted to an ALJ, the
thirty day period mentioned in paragraph (f) of this section does not
begin until five days before the date the formal hearing is set. This
rule does not preclude the parties from submitting the application at
any other time such as (1) after the case is referred for hearing, (2)
at the hearing, or (3) after the hearing but before the ALJ issues a
decision and order. Where a case is pending before the ALJ but not set
for a hearing, the parties may request the case be remanded to the
district director for consideration of the settlement.
(d) A settlement agreement between parties represented by counsel,
which is deemed approved when not disapproved within thirty days, as
described in paragraph (f) of this section, shall be considered to have
been filed in the office of the district director on the thirtieth day
for purposes of sections 14 and 21 of the Act, 33 U.S.C. 914 and 921.
(e) A fee for representation which is included in an agreement that
is approved in the manner described in
paragraph (d) of this section, shall also be considered approved within
the meaning of section 28(e) of the Act, 33 U.S.C. 928(e).
(f) The thirty day period for consideration of a settlement
agreement shall be calculated from the day after receipt unless the
parties are advised otherwise by the adjudicator. (See Sec. 702.243(b)).
If the last day of this period is a holiday or occurs during a weekend,
the next business day shall be considered the thirtieth day.
(g) An agreement among the parties to settle a claim is limited to
the rights of the parties and to claims then in existence; settlement of
disability compensation or medical benefits shall not be a settlement of
survivor benefits nor shall the settlement affect, in any way, the right
of survivors to file a claim for survivor's benefits.
(h) For purposes of this section and Sec. 702.243 the term counsel
means any attorney admitted to the bar of any State, territory or the
District of Columbia.
[50 FR 399, Jan. 3, 1985, as amended at 51 FR 4284, Feb. 3, 1986]
