Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 20 - Employees' Benefits |
Chapter III - Social Security Administration |
Part 410 - FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV - BLACK LUNG BENEFITS (1969-) |
Subpart B - Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence |
§ 410.230 - Written statement filed by or for a miner on behalf of a member of his family.
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Notwithstanding the provisions of § 410.229, the Social Security Administration will take no action with respect to a written statement filed by or for a miner on behalf of a member of his family until such miner's death. At such time, the provisions of § 410.229 shall apply as if such miner's claim on behalf of a member of his family had been filed on the day of the miner's death. However, for purposes of paying benefits to an otherwise entitled survivor of a miner, such written statement will be considered to be a valid claim for benefits (see §§ 410.210(c) and 410.212(a)(2)) where such member of his family qualified as a dependent for purposes of augmentation of the miner's benefits prior to his death. In such case the member of his family is not required to file a prescribed application form (see § 410.221) with the Social Security Administration (see § 410.229(b)).
Nevertheless, the survivor beneficiary may be required to furnish supplemental information within 6 months of notification to do so. If such beneficiary fails to furnish the information requested within 6 months of notice to do so, benefits may be suspended, after notice of such proposed action and opportunity to be heard is provided the beneficiary. A subsequent determination to suspend benefits shall be an initial determination (see § 410.610).