[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: 20CFR410.229]

[Page 611-612]
 
                      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. 410.229  When written statement is considered a claim; general.

    (a) Written statement filed by claimant on his own behalf. Where an 
individual files a written statement with the Administration (see Sec. 
410.227) which indicates an intention to claim benefits,

[[Page 612]]

and such statement bears his signature or his mark properly witnessed, 
the filing of such written statement, unless otherwise indicated by the 
regulations in this part, shall be considered to be the filing of a 
claim for benefits: Provided, That:
    (1) The claimant or a proper party on his behalf (see Sec. 410.222) 
executes a prescribed application form (see Sec. 410.221) that is filed 
with the Administration during the claimant's lifetime and within the 
period prescribed in paragraph (c)(1) of this section; or
    (2) In the case of a claimant who dies prior to the filing of such 
prescribed application form within the period prescribed in paragraph 
(c)(1) of this section, a prescribed application form is filed with the 
Administration within the period prescribed in paragraph (c)(2) of this 
section by a party acting on behalf of the deceased claimant's estate.
    (b) Written statement filed by individual on behalf of another. A 
written statement filed by an individual which indicates an intention to 
claim benefits on behalf of another person shall, unless otherwise 
indicated thereon, be considered to be the filing of a claim for such 
purposes: Provided, That:
    (1) The written statement bears the signature (or mark properly 
witnessed) of the individual filing the statement; and
    (2) The individual filing the statement is the spouse of the 
claimant on whose behalf the statement is being filed, or a proper party 
to execute a claim on behalf of a claimant as determined by Sec. 
410.222; and
    (3) Except as specified in Sec. 410.230, a prescribed application 
form (see Sec. 410.221) is executed and filed in accordance with the 
provisions of paragraph (a) (1) or (2) of this section.
    (c) Period within which prescribed application form must be filed. 
After the Administration has received from an individual a written 
statement as described in paragraph (a) or (b) of this section:
    (1) Notice in writing shall be sent to the claimant or to the 
individual who submitted the written statement on his behalf, stating 
that an initial determination will be made with respect to such written 
statement if a prescribed application form executed by the claimant or 
by a proper party on his behalf (see Sec. 410.222), is filed with the 
Administration within 6 months from the date of such notice; or
    (2) If the Administration is notified that the death of such 
claimant occurred before the mailing of the notice described in 
paragraph (c)(1) of this section, or within the 6-month period following 
the mailing of such notice but before the filing of a prescribed 
application form by or on behalf of such individual, notification in 
writing shall be sent to a person acting on behalf of his estate, or to 
the deceased's last known address. Such notification will include 
information that an initial determination with respect to such written 
statement will be made only if a prescribed application form is filed 
within 6 months from the date of such notification.
    (3) If, after the notice as described in this paragraph (c) has been 
sent, a prescribed application form is not filed (in accordance with the 
provisions of paragraph (a) or (b) of this section) within the 
applicable period prescribed in paragraph (c)(1) or (c)(2) of this 
section, it will be deemed that the filing of the written statement to 
which such notice refers is not to be considered the filing of a claim 
for the purposes set forth in paragraphs (a) and (b) of this section.

[36 FR 23752, Dec. 14, 1971, as amended at 39 FR 41525, Nov. 29, 1974]