[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: 20CFR410.226]

[Page 611]
 
                      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. 410.226  Periods for which claims are effective.

    (a) Application effective for entire month of filing. Benefits are 
payable for full calendar months. If the claimant meets all the 
requirements for entitlement to benefits in the same calendar month in 
which his application is filed, the application will be effective for 
the whole month. If a miner dies in the first month for which he meets 
all the requirements for entitlement to benefits, he will, 
notwithstanding the provisions of Sec. 410.202(b), be considered to be 
entitled to benefits for that month.
    (b) Prospective life of claims. A claim which is filed before the 
claimant meets all the requirements for entitlement to such benefits 
will be deemed a valid claim if the claimant meets such requirements of 
entitlement (1) before the Administration makes a final decision on such 
claim or (2) if the claimant has timely requested judicial review of 
such final decision before such review is completed. If the claimant 
first meets the requirements for entitlement to benefits in a month 
after the month of actual filing but before a final administrative or 
judicial decision is rendered on his claim, his claim will be deemed to 
have been effectively filed in such first month of entitlement.
    (c) Retroactive life of claims. Except in the case of a claim for 
benefits as a surviving child (see Sec. 410.212) a claim for benefits 
has no retroactive effect. (See, however, Sec. 410.230.) Generally, a 
claim for benefits for a surviving child is effective (depending on the 
first month of eligibility) for up to 12 months preceding the month in 
which such claim is filed. However, if such claim is filed before 
December 1972, such claim may be effective retroactively (depending on 
the first month of eligibility) to December 1969.

[37 FR 20637, Sept. 30, 1972]