[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: 20CFR410.219]

[Page 609]
 
                      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. 410.219  Filing a claim under State workmen's compensation law; 
when filing such claim shall be considered futile.

    (a) A claimant for benefits under this part must file a claim under 
the applicable State workmen's compensation law prior to a final 
decision on his claim for benefits under this part (see Sec. 
410.227(c)) except where the filing of a claim under such applicable 
State workmen's compensation law would clearly be futile.
    (b) The Administration shall determine that the filing of such a 
claim would clearly be futile when:
    (1) The period within which such a claim may be filed under such law 
has expired; or
    (2) Pneumoconiosis as defined in Sec. 410.110(o) is not compensable 
under such law; or
    (3) The maximum amount of compensation or the maximum number of 
compensation payments allowable under such law has already been paid; or
    (4) The claimant does not meet one or more conditions of eligibility 
for workmen's compensation payments under applicable State law; or
    (5) In any other situation the claimant establishes to the 
satisfaction of the Administration that the filing of a claim on account 
of pneumoconiosis would result as a matter of law in a denial of his 
claim for compensation under such law.
    (c) To be considered to have complied with the statutory requirement 
for filing a claim under the applicable State workmen's compensation 
law, a claimant for benefits under this part must diligently prosecute 
such State claim.
    (d) Where, but for the failure to file a claim under the applicable 
State workmen's compensation law, an individual's claim for benefits 
under this part would be allowed, the Administration shall notify the 
individual in writing of the need to file such State claim as a 
prerequisite to such allowance. Such claim, when filed within 30 days of 
the date such notice is mailed to the individual, will be considered to 
have been filed timely.
    (e) Where, on the other hand, a claim has not been filed under the 
applicable State workmen's compensation law, and the Administration 
determines that a claim for benefits under this part would be disallowed 
even if such a State claim were filed, the Administration shall make 
such determination as may be necessary for the adjudication of the 
individual's claim for benefits under this part pursuant to Sec. 
410.610.

[36 FR 23752, Dec. 14, 1971; 36 FR 24214, Dec. 22, 1971. Redesignated at 
37 FR 20636, Sept. 30, 1972]