CFR 20 Title Page

PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969- )

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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PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969- )

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