[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: 20CFR410.230]

[Page 612-613]
 
                      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. 410.230  Written statement filed by or for a miner on behalf of a 
member of his family.

    Notwithstanding the provisions of Sec. 410.229, the Social Security 
Administration will take no action with respect to a written statement 
filed by or for a miner on behalf of a member of his family until such 
miner's death. At such time, the provisions of Sec. 410.229 shall apply 
as if such miner's claim on behalf of a member of his family had been 
filed on the day of the miner's death. However, for purposes of paying 
benefits to an otherwise entitled survivor of a miner, such written 
statement will be considered to be a valid claim for benefits (see 
Sec. Sec. 410.210(c) and 410.212(a)(2)) where such member of his family 
qualified as a dependent for purposes of augmentation of the miner's

[[Page 613]]

benefits prior to his death. In such case the member of his family is 
not required to file a prescribed application form (see Sec. 410.221) 
with the Social Security Administration (see Sec. 410.229(b)). 
Nevertheless, the survivor beneficiary may be required to furnish 
supplemental information within 6 months of notification to do so. If 
such beneficiary fails to furnish the information requested within 6 
months of notice to do so, benefits may be suspended, after notice of 
such proposed action and opportunity to be heard is provided the 
beneficiary. A subsequent determination to suspend benefits shall be an 
initial determination (see Sec. 410.610).

[39 FR 41525, Nov. 29, 1974]