[Code of Federal Regulations] [Title 20, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR410.210] [Page 606] 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 )--Table of Contents Subpart B_Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence Sec. 410.210 Conditions of entitlement; widow or surviving divorced wife. An individual is entitled to benefits if such individual: (a) Is the widow (see Sec. 410.320) or surviving divorced wife (see Sec. 410.321) of a miner (see Sec. 410.110(j)); (b) Is not married during her initial month of entitlement (or, for months prior to May 1972, had not remarried since the miner's death); (c) Has filed a claim for benefits in accordance with the provisions of Sec. Sec. 410.220 through 410.234; (d) Was dependent on the miner at the pertinent time (see Sec. 410.360 or Sec. 410.361); and (e) The deceased miner: (1) Was entitled to benefits at the time of his death; or (2) Died before January 1, 1974, and it is determined that he was totally disabled due to pneumoconiosis at the time of his death, or that his death was due to pneumoconiosis (see subpart D of this part). [37 FR 20636, Sept. 30, 1972, as amended at 41 FR 4899, Feb. 3, 1976]