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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of November 19, 2009
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 A--INTRODUCTION, GENERAL PROVISIONS, AND DEFINITIONS
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| General definitions and use of terms. |
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| Disclosure of program information. |
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| Periods of limitation ending on nonworkdays. |
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Subpart B--REQUIREMENTS FOR ENTITLEMENT; DURATION OF ENTITLEMENT; FILING OF CLAIMS AND EVIDENCE
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| Types of benefits; general. |
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| Conditions of entitlement; miner. |
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| Duration of entitlement; miner. |
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| Conditions of entitlement; widow or surviving divorced wife. |
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| Duration of entitlement; widow or surviving divorced wife. |
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| Conditions of entitlement; child. |
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| Duration of entitlement; child. |
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| Conditions of entitlement; parent, brother, or sister. |
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| Duration of entitlement; parent, brother, or sister. |
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| ''Good cause'' for delayed filing of proof of support. |
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| Filing a claim under State workmen's compensation law; when filing such claim shall be considered futile. |
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| Claim for benefits; definitions. |
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| Prescribed application and request forms. |
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| Evidence of authority to execute a claim on behalf of another. |
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| Claimant must be alive when claim is filed. |
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| Periods for which claims are effective. |
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| When a claim is considered to have been filed; time and place of filing. |
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| Requests and notices to be in writing. |
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| When written statement is considered a claim; general. |
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| Written statement filed by or for a miner on behalf of a member of his family. |
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| Time limits for filing claims. |
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| Cancellation of a request for withdrawal. |
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| Effect of conviction of felonious and intentional homicide on entitlement to benefits. |
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Subpart C--RELATIONSHIP AND DEPENDENCY
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| Relationship and dependency; general. |
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| Determination of relationship; wife. |
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| Determination of relationship; divorced wife. |
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| Determination of relationship; widow. |
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| Determination of relationship; surviving divorced wife. |
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| Determination of relationship; child. |
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| Determination of relationship; parent, brother, or sister. |
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| Determination of dependency; wife. |
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| Determination of dependency; divorced wife. |
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| Determination of dependency; widow. |
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| Determination of dependency; surviving divorced wife. |
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| Determination of dependency; child. |
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| Determination of dependency; parent, brother, or sister. |
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| ''Member of the same household''; ''living with''; ''living in the same household''; and ''living in the miner's household''. |
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| Contributions and support. |
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Subpart D--TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS
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| Total disability due to pneumoconiosis, including statutory presumption. |
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| ''Total disability'' defined. |
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| Determining the existence of pneumoconiosis, including statutory presumption. |
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| Determining origin of pneumoconiosis, including statutory presumption. |
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| Irrebuttable presumption of total disability due to pneumoconiosis. |
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| Determining total disability: General criteria. |
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| Determining total disability: Medical criteria only. |
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| Determining total disability: Age, education, and work experience criteria. |
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| X-ray, biopsy, and autopsy evidence of pneumoconiosis. |
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| Death due to pneumoconiosis, including statutory presumption. |
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| Determining the existence of pneumoconiosis, including statutory presumption--survivor's claim. |
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| Determining origin of pneumoconiosis, including statutory presumption--survivor's claim. |
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| Irrebuttable presumption of death due to pneumoconiosis--survivor's claim. |
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| Presumption relating to respirable disease. |
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| Determination by nongovernmental organization or other governmental agency. |
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| Conclusion by physician regarding miner's disability or death. |
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| Consultative examinations. |
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| Evidence of continuation of disability. |
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| Place and manner of submitting evidence. |
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| Failure to submit evidence. |
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| Responsibility to give notice of event which may affect a change in disability status. |
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| 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. |
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Subpart E--PAYMENT OF BENEFITS
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| Certification to dependent of augmentation portion of benefit. |
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| Modification of benefit amounts; general. |
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| Reductions; receipt of State benefit. |
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| Reductions; excess earnings. |
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| Reductions; effect of an additional claim for benefits. |
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| Reductions; effect of augmentation of benefits based on subsequent qualification of individual. |
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| Reductions; more than one reduction event. |
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| Nonpayment of benefits to residents of certain States. |
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| Notice of right to waiver consideration. |
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| When waiver may be applied and how to process the request. |
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| Defeat the purpose of title IV. |
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| Against equity and good conscience; defined. |
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| When an individual is ''without fault'' in a reduction-overpayment. |
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| When an individual is ''without fault'' in an entitlement overpayment. |
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| When an individual is at ''fault'' in a reduction-overpayment. |
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| When adjustment or recovery of an overpayment will be waived. |
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| Liability of a certifying officer. |
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| Collection and compromise of claims for overpayment. |
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| Relation to provisions for reductions or increases. |
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| Payments on behalf of an individual. |
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| Submission of evidence by representative payee. |
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| Responsibility of representative payee. |
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| Use of benefits for current maintenance. |
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| Conservation and investment of payments. |
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| Use of benefits for beneficiary in institution. |
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| Support of legally dependent spouse, child, or parent. |
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| Transfer of accumulated benefit payments. |
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| Eligibility for services and supplies under part C of title IV of the act. |
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Subpart F--DETERMINATIONS OF DISABILITY, OTHER DETERMINATIONS, ADMINISTRATIVE REVIEW, FINALITY OF DECISIONS, AND REPRESENTATION OF PARTIES
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| Determinations of disability. |
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| Administrative actions that are initial determinations. |
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| Administrative actions that are not initial determinations. |
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| Notice of initial determination. |
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| Effect of initial determination. |
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| Reconsideration and hearing. |
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| Reconsideration; right to reconsideration. |
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| Time and place of filing request. |
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| Parties to the reconsideration. |
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| Notice of reconsideration. |
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| Reconsidered determination. |
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| Notice of reconsidered determination. |
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| Effect of a reconsidered determination. |
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| Expedited appeals process; conditions for use of such process. |
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| Expedited appeals process; place and time of filing request. |
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| Expedited appeals process; parties. |
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| Expedited appeals process; agreement requirements. |
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| Expedited appeals process; effect of agreement. |
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| Effect of a request that does not result in agreement. |
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| Hearing; right to hearing. |
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| Time and place of filing request. |
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| Additional parties to the hearing. |
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| Administrative Law Judge. |
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| Disqualification of Administrative Law Judge. |
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| Time and place of hearing. |
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| Change of time and place for hearing. |
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| Oral argument and written allegations. |
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| Waiver of right to appear and present evidence. |
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| Dismissal of request for hearing; by application of party. |
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| Dismissal by abandonment of party. |
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| Notice of dismissal and right to request review thereon. |
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| Vacation of dismissal of request for hearing. |
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| Administrative Law Judge's decision or certification to Appeals Council. |
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| Effect of Administrative Law Judge's decision. |
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| Removal of hearing to Appeals Council. |
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| Appeals Council proceedings on certification and review; procedure before Appeals Council on certification by the Administrative Law Judge. |
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| Evidence in proceeding before Appeals Council. |
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| Decision of Appeals Council. |
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| Right to request review of Administrative Law Judge's decision or dismissal. |
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| Time and place of filing request. |
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| Action by Appeals Council on review. |
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| Procedure before Appeals Council on review. |
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| Evidence admissible on review. |
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| Decision by Appeals Council or remanding of case. |
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| Effect of Appeals Council's decision or refusal to review. |
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| Dismissal by Appeals Council. |
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| Extension of time to request reconsideration. |
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| Extension of time to request hearing or review or begin civil action. |
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| Review by Appeals Council. |
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| Interim provision for the adjudication of certain claims filed prior to May 19, 1972. |
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| Application of circuit court law. |
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| Revision for error or other reason; time limitation generally. |
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| 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. |
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| Good cause for reopening a determination or decision. |
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| Finality of suspension of benefit payments for entire taxable year because of earnings. |
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| Time limitation for revising finding suspending benefit payments for entire taxable year because of earnings. |
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| Late completion of timely investigation. |
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| Effect of revised determination. |
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| Time and place of requesting hearing on revised determination. |
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| Finality of findings with respect to other claims for benefits based on the disability or death of a miner. |
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| Imposition of reductions. |
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| Change of ruling or legal precedent. |
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| Certification of payment; determination or decision providing for payment. |
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| Representation of party; appointment of representative. |
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| Qualifications of representative. |
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| Authority of representative. |
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| Proceedings before a State or Federal court. |
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| Fee for services performed for an individual before the Social Security Administration. |
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| Petition for approval of fee. |
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| Services rendered for an individual in a proceeding before the Administration under part B of title IV of the Act. |
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| Rules governing the representation and advising of claimants and parties. |
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| Disqualification or suspension of an individual from acting as a representative in proceedings before SSA. |
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| Referral to the Deputy Commissioner for Programs and Policy, or his or her designee, for hearing and decision. |
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| Decision by hearing officer. |
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| Right to request review of the hearing officer's decision. |
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| Procedure before Appeals Council on review of hearing officer's decision. |
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| Evidence admissible on review. |
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| Decision by Appeals Council on review of hearing officer's decision. |
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| Dismissal by Appeals Council. |
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| Reinstatement after suspension or disqualification. |
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Subpart G--RULES FOR THE REVIEW OF DENIED AND PENDING CLAIMS UNDER THE BLACK LUNG BENEFITS REFORM ACT (BLBRA) OF 1977
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| Jurisdiction for determining entitlement under part B. |
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| Adjudicatory rules for determining entitlement to benefits. |
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| Effect of the Social Security Administration determination of entitlement. |
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