Subpart A - Introduction, General Provisions, and Definitions

§ 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.

§ 410.563 - 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.

§ 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.

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.

§ 410.630 - 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.

§ 410.671 - 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.

§ 410.676 - 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.

§ 410.684 - Representation of party; appointment of representative.

§ 410.685 - Qualifications of representative.

§ 410.686 - Authority of representative.

§ 410.687 - Rules governing the representation and advising of claimants and parties.

§ 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.

§ 410.670a - 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.

§ 410.683a - [Reserved]

§ 410.683b - Transfer or assignment.

§ 410.675a - Late completion of timely investigation.

§ 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.

§ 410.687a - Effective date.

§ 410.629a - Expedited appeals process; conditions for use of such process.

§ 410.699a - Penalties for fraud.

§ 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.

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 the Social Security Administration determination of entitlement.

§ 410.707 - Hearings and appeals.