20 C.F.R. PART 410--FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV--BLACK LUNG BENEFITS (1969- )
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- )
Subpart A--INTRODUCTION, GENERAL PROVISIONS, AND DEFINITIONS
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| General definitions and use of terms.
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| Disclosure of program information.
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| Periods of limitation ending on nonworkdays.
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Subpart B--REQUIREMENTS FOR ENTITLEMENT; DURATION OF ENTITLEMENT; FILING OF CLAIMS AND EVIDENCE
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| Types of benefits; general.
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| Conditions of entitlement; miner.
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| Duration of entitlement; miner.
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| Conditions of entitlement; widow or surviving divorced wife.
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| Duration of entitlement; widow or surviving divorced wife.
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| Conditions of entitlement; child.
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| Duration of entitlement; child.
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| Conditions of entitlement; parent, brother, or sister.
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| Duration of entitlement; parent, brother, or sister.
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| ''Good cause'' for delayed filing of proof of support.
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| Filing a claim under State workmen's compensation law; when filing such claim shall be considered futile.
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| Claim for benefits; definitions.
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| Prescribed application and request forms.
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| Evidence of authority to execute a claim on behalf of another.
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| Claimant must be alive when claim is filed.
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| Periods for which claims are effective.
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| When a claim is considered to have been filed; time and place of filing.
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| Requests and notices to be in writing.
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| When written statement is considered a claim; general.
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| Written statement filed by or for a miner on behalf of a member of his family.
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| Time limits for filing claims.
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| Cancellation of a request for withdrawal.
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| Effect of conviction of felonious and intentional homicide on entitlement to benefits.
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Subpart C--RELATIONSHIP AND DEPENDENCY
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| Relationship and dependency; general.
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| Determination of relationship; wife.
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| Determination of relationship; divorced wife.
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| Determination of relationship; widow.
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| Determination of relationship; surviving divorced wife.
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| Determination of relationship; child.
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| Determination of relationship; parent, brother, or sister.
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| Determination of dependency; wife.
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| Determination of dependency; divorced wife.
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| Determination of dependency; widow.
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| Determination of dependency; surviving divorced wife.
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| Determination of dependency; child.
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| Determination of dependency; parent, brother, or sister.
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| ''Member of the same household''; ''living with''; ''living in the same household''; and ''living in the miner's household''.
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| Contributions and support.
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Subpart D--TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS
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| Total disability due to pneumoconiosis, including statutory presumption.
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| ''Total disability'' defined.
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| Determining the existence of pneumoconiosis, including statutory presumption.
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| Determining origin of pneumoconiosis, including statutory presumption.
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| Irrebuttable presumption of total disability due to pneumoconiosis.
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| Determining total disability: General criteria.
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| Determining total disability: Medical criteria only.
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| Determining total disability: Age, education, and work experience criteria.
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| X-ray, biopsy, and autopsy evidence of pneumoconiosis.
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| Death due to pneumoconiosis, including statutory presumption.
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| Determining the existence of pneumoconiosis, including statutory presumption--survivor's claim.
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| Determining origin of pneumoconiosis, including statutory presumption--survivor's claim.
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| Irrebuttable presumption of death due to pneumoconiosis--survivor's claim.
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| Presumption relating to respirable disease.
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| Determination by nongovernmental organization or other governmental agency.
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| Conclusion by physician regarding miner's disability or death.
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| Consultative examinations.
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| Evidence of continuation of disability.
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| Place and manner of submitting evidence.
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| Failure to submit evidence.
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| Responsibility to give notice of event which may affect a change in disability status.
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| Interim adjudicatory rules for certain part B claims filed by a miner before July 1, 1973, or by a survivor where the miner died before January 1, 1974.
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Subpart E--PAYMENT OF BENEFITS
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| Certification to dependent of augmentation portion of benefit.
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| Modification of benefit amounts; general.
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| Reductions; receipt of State benefit.
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| Reductions; excess earnings.
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| Reductions; effect of an additional claim for benefits.
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| Reductions; effect of augmentation of benefits based on subsequent qualification of individual.
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| Reductions; more than one reduction event.
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| Nonpayment of benefits to residents of certain States.
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| Notice of right to waiver consideration.
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| When waiver may be applied and how to process the request.
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| Defeat the purpose of title IV.
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| Against equity and good conscience; defined.
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| When an individual is ''without fault'' in a reduction-overpayment.
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| When an individual is ''without fault'' in an entitlement overpayment.
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| When an individual is at ''fault'' in a reduction-overpayment.
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| When adjustment or recovery of an overpayment will be waived.
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| Liability of a certifying officer.
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| Collection and compromise of claims for overpayment.
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| Relation to provisions for reductions or increases.
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| Payments on behalf of an individual.
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| Submission of evidence by representative payee.
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| Responsibility of representative payee.
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| Use of benefits for current maintenance.
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| Conservation and investment of payments.
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| Use of benefits for beneficiary in institution.
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| Support of legally dependent spouse, child, or parent.
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| Transfer of accumulated benefit payments.
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| Eligibility for services and supplies under part C of title IV of the act.
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Subpart F--DETERMINATIONS OF DISABILITY, OTHER DETERMINATIONS, ADMINISTRATIVE REVIEW, FINALITY OF DECISIONS, AND REPRESENTATION OF PARTIES
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| Determinations of disability.
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| Administrative actions that are initial determinations.
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| Administrative actions that are not initial determinations.
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| Notice of initial determination.
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| Effect of initial determination.
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| Reconsideration and hearing.
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| Reconsideration; right to reconsideration.
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| Time and place of filing request.
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| Parties to the reconsideration.
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| Notice of reconsideration.
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| Reconsidered determination.
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| Notice of reconsidered determination.
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| Effect of a reconsidered determination.
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| Expedited appeals process; conditions for use of such process.
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| Expedited appeals process; place and time of filing request.
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| Expedited appeals process; parties.
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| Expedited appeals process; agreement requirements.
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| Expedited appeals process; effect of agreement.
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| Effect of a request that does not result in agreement.
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| Hearing; right to hearing.
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| Time and place of filing request.
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| Additional parties to the hearing.
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| Administrative Law Judge.
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| Disqualification of Administrative Law Judge.
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| Time and place of hearing.
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| Change of time and place for hearing.
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| Oral argument and written allegations.
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| Waiver of right to appear and present evidence.
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| Dismissal of request for hearing; by application of party.
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| Dismissal by abandonment of party.
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| Notice of dismissal and right to request review thereon.
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| Vacation of dismissal of request for hearing.
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| Administrative Law Judge's decision or certification to Appeals Council.
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| Effect of Administrative Law Judge's decision.
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| Removal of hearing to Appeals Council.
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| Appeals Council proceedings on certification and review; procedure before Appeals Council on certification by the Administrative Law Judge.
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| Evidence in proceeding before Appeals Council.
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| Decision of Appeals Council.
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| Right to request review of Administrative Law Judge's decision or dismissal.
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| Time and place of filing request.
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| Action by Appeals Council on review.
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| Procedure before Appeals Council on review.
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| Evidence admissible on review.
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| Decision by Appeals Council or remanding of case.
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| Effect of Appeals Council's decision or refusal to review.
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| Dismissal by Appeals Council.
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| Extension of time to request reconsideration.
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| Extension of time to request hearing or review or begin civil action.
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| Review by Appeals Council.
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| Interim provision for the adjudication of certain claims filed prior to May 19, 1972.
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| Application of circuit court law.
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| Revision for error or other reason; time limitation generally.
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| Reopening initial, revised or reconsidered determinations of the Administration and decisions of an Administrative Law Judge or the Appeals Council; finality of determinations and decisions.
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| Good cause for reopening a determination or decision.
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| Finality of suspension of benefit payments for entire taxable year because of earnings.
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| Time limitation for revising finding suspending benefit payments for entire taxable year because of earnings.
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| Late completion of timely investigation.
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| Effect of revised determination.
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| Time and place of requesting hearing on revised determination.
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| Finality of findings with respect to other claims for benefits based on the disability or death of a miner.
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| Imposition of reductions.
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| Change of ruling or legal precedent.
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| Certification of payment; determination or decision providing for payment.
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| Representation of party; appointment of representative.
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| Qualifications of representative.
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| Authority of representative.
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| Proceedings before a State or Federal court.
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| Fee for services performed for an individual before the Social Security Administration.
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| Petition for approval of fee.
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| Services rendered for an individual in a proceeding before the Administration under part B of title IV of the Act.
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| Rules governing the representation and advising of claimants and parties.
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| Disqualification or suspension of an individual from acting as a representative in proceedings before SSA.
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| Referral to the Deputy Commissioner for Programs and Policy, or his or her designee, for hearing and decision.
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| Decision by hearing officer.
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| Right to request review of the hearing officer's decision.
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| Procedure before Appeals Council on review of hearing officer's decision.
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| Evidence admissible on review.
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| Decision by Appeals Council on review of hearing officer's decision.
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| Dismissal by Appeals Council.
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| Reinstatement after suspension or disqualification.
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Subpart G--RULES FOR THE REVIEW OF DENIED AND PENDING CLAIMS UNDER THE BLACK LUNG BENEFITS REFORM ACT (BLBRA) OF 1977
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| Jurisdiction for determining entitlement under part B.
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| Adjudicatory rules for determining entitlement to benefits.
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| Effect of the Social Security Administration determination of entitlement.
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