(a) In accordance with the provisions of section 6(a) of the
Longshore Act as incorporated by section 422(a) of the Act, and except
as provided in Sec. 725.504, the provisions of this section shall be
applicable in determining the date from which benefits are payable to
an eligible claimant for any claim filed after March 31, 1980. Except
as provided in paragraph (d) of this section, the date from which
benefits are payable for any claim approved under part 727 shall be
determined in accordance with Sec. 727.302 (see Sec. 725.4(d)).
(b) Miner's claim. Benefits are payable to a miner who is entitled
beginning with the month of onset of total disability due to
pneumoconiosis arising out of coal mine employment. Where the evidence
does not establish the month of onset, benefits shall be payable to
such miner beginning with the month during which the claim was filed.
In the case of a miner who filed a claim before January 1, 1982,
benefits shall be payable to the miner's eligible survivor (if any)
beginning with the month in which the miner died.
(c) Survivor's claim. Benefits are payable to a survivor who is
entitled beginning with the month of the miner's death, or January 1,
1974, whichever is later.
(d) If a claim is awarded pursuant to section 22 of the Longshore
Act and Sec. 725.310, then the date from which benefits are payable
shall be determined as follows:
(1) Mistake in fact. The provisions of paragraphs (b) or (c) of
this section, as applicable, shall govern the determination of the date
from which benefits are payable.
(2) Change in conditions. Benefits are payable to a miner beginning
with the month of onset of total disability due to pneumoconiosis
arising out of coal mine employment, provided that no benefits shall be
payable for any month prior to the effective date of the most recent
denial of the claim by a district director or administrative law judge.
Where the evidence does not establish the month of onset, benefits
shall be payable to such miner from the month in which the claimant
requested modification.
(e) In the case of a claim filed between July 1, 1973, and December
31, 1973, benefits shall be payable as provided by this section, except
to the extent prohibited by Sec. 727.303 (see Sec. 725.4(d)).
(f) No benefits shall be payable with respect to a claim filed
after December 31, 1973 (a part C claim), for any period of eligibility
occurring before January 1, 1974.
(g) Each decision and order awarding benefits shall indicate the
month from which benefits are payable to the eligible claimant.
