§ 945. Review of claims pending on, or denied on or
before, March 1, 1978
(a) Notification to claimants; review by Secretary of Health
and Human Services taking into account amendments made by Black
Lung Benefits Reform Act of 1977; referral
(1) The Secretary of Health and Human Services shall
promptly notify each claimant who has filed a claim for benefits
under part B of this subchapter and whose claim is either pending
on March 1, 1978, or has been denied on or before that date,
that, upon the request of the claimant, the claim shall be either
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(A) reviewed by the Secretary of Health and Human Services
under paragraph (2) for a determination based on the evidence on
file, taking into account the amendments made by the Black Lung
Benefits Reform Act of 1977; or
(B) referred directly by the Secretary of Health and Human
Services to the Secretary of Labor for a determination under
paragraph (3), with an opportunity for the claimant to present
additional medical or other evidence in accordance with that
paragraph, taking into account the amendments made by the Black
Lung Benefits Reform Act of 1977.
(2)(A) The Secretary of Health and Human Services shall
approve forthwith each claim for which review is requested under
paragraph (1)(A) if, based upon the evidence on file, the
provisions of part B of this subchapter, as amended by the Black
Lung Benefits Reform Act of 1977, require such approval. The
Secretary of Health and Human Services shall certify such
approval to the Secretary of Labor and such approval shall be
binding upon the Secretary of Labor as an initial determination
of eligibility. Upon receipt of that certification, the Secretary
of Labor shall immediately make or otherwise provide for the
payment of the claim in accordance with this part.
(B)(i) The Secretary of Health and Human Services shall
refer to the Secretary of Labor any claim not approved under
subparagraph (A) for a determination under paragraph (3), and
shall notify the claimant of that referral to the Secretary of
Labor for such a determination.
(ii) The Secretary of Health and Human Services shall notify
each claimant whose claim has been approved under subparagraph
(A) that, if the claimant disputes the scope or terms of the
award, such dispute shall be referred to the Secretary of Labor
for a determination under paragraph (3).
(C) Upon the completion of the review of any claim by the
Secretary of Health and Human Services under this paragraph, the
responsibility for further action with respect to such claim
shall be transferred to the Secretary of Labor. The Secretary of
Labor shall consider each such claim in accordance with paragraph
(3).
(3)(A) Except as provided in this section, the Secretary of
Labor shall treat each claim referred by the Secretary of Health
and Human Services under paragraph (1)(B) or (2)(B) as if it were
a claim filed under this part. The provisions of subsection (b)
of this section shall apply to any determination of the Secretary
with respect to any such claim referred to the Secretary.
(B) The Secretary of Health and Human Services shall
promptly furnish to the Secretary of Labor all pertinent
information in the possession of the Department of Health and
Human Services relating to claims referred to the Secretary of
Labor under this subsection.
(4) For the purposes of any determination by the Secretary
of Labor under paragraph (3), the date of the request under
paragraph (1) shall be considered the date of filing of the
claim.
(b) Review by Secretary of Labor
(1) The Secretary of Labor shall review each claim which has
been denied under this part (or under section 925 of
this title) on or before March 1, 1978, and each claim which is
pending under this part (or under section 925 of
this title) on such date, taking into account the amendments made
to this part by the Black Lung Benefits Reform Act of 1977. The
Secretary shall approve any such claim forthwith if the
provisions of this part, as so amended, require that approval,
and the Secretary shall immediately make or otherwise provide for
the payment of the claim in accordance with this part.
(2)(A) The Secretary, in carrying out the review of any
claim under paragraph (1) and in making any determination under
subsection (a)(3) of this section, shall not require any
additional medical or other evidence to be submitted if the
evidence on file is sufficient for approval of the claim, taking
into account the amendments made to this part by the Black Lung
Benefits Reform Act of 1977.
(B) If the evidence on file is not sufficient for approval
of the claim, the Secretary shall provide an opportunity for the
claimant to present additional medical or other evidence to
substantiate his or her claim and shall notify each claimant of
that opportunity.
(c) Award of benefits on retroactive basis
Any individual whose claim is approved pursuant to this
section shall be awarded benefits on a retroactive basis for a
period which begins no earlier than January 1, 1974.
