
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC945]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
           Part C--Claims for Benefits After December 31, 1973
 
Sec. 945. Review of claims pending on, or denied on or before, 
        March 1, 1978
        

(a) Notification to claimants; review by Commissioner of Social Security 
        taking into account amendments made by Black Lung Benefits 
        Reform Act of 1977; referral

    (1) The Commissioner of Social Security shall promptly notify each 
claimant who has filed a claim for benefits under part B of this 
subchapter and whose claim is either pending on March 1, 1978, or has 
been denied on or before that date, that, upon the request of the 
claimant, the claim shall be either--
        (A) reviewed by the Commissioner of Social Security under 
    paragraph (2) for a determination based on the evidence on file, 
    taking into account the amendments made by the Black Lung Benefits 
    Reform Act of 1977; or
        (B) referred directly by the Commissioner of Social Security to 
    the Secretary of Labor for a determination under paragraph (3), with 
    an opportunity for the claimant to present additional medical or 
    other evidence in accordance with that paragraph, taking into 
    account the amendments made by the Black Lung Benefits Reform Act of 
    1977.

    (2)(A) The Commissioner of Social Security shall approve forthwith 
each claim for which review is requested under paragraph (1)(A) if, 
based upon the evidence on file, the provisions of part B of this 
subchapter, as amended by the Black Lung Benefits Reform Act of 1977, 
require such approval. The Commissioner of Social Security shall certify 
such approval to the Secretary of Labor and such approval shall be 
binding upon the Secretary of Labor as an initial determination of 
eligibility. Upon receipt of that certification, the Secretary of Labor 
shall immediately make or otherwise provide for the payment of the claim 
in accordance with this part.
    (B)(i) The Commissioner of Social Security shall refer to the 
Secretary of Labor any claim not approved under subparagraph (A) for a 
determination under paragraph (3), and shall notify the claimant of that 
referral to the Secretary of Labor for such a determination.
    (ii) The Commissioner of Social Security shall notify each claimant 
whose claim has been approved under subparagraph (A) that, if the 
claimant disputes the scope or terms of the award, such dispute shall be 
referred to the Secretary of Labor for a determination under paragraph 
(3).
    (C) Upon the completion of the review of any claim by the 
Commissioner of Social Security under this paragraph, the responsibility 
for further action with respect to such claim shall be transferred to 
the Secretary of Labor. The Secretary of Labor shall consider each such 
claim in accordance with paragraph (3).
    (3)(A) Except as provided in this section, the Secretary of Labor 
shall treat each claim referred by the Commissioner of Social Security 
under paragraph (1)(B) or (2)(B) as if it were a claim filed under this 
part. The provisions of subsection (b) of this section shall apply to 
any determination of the Secretary with respect to any such claim 
referred to the Secretary.
    (B) The Commissioner of Social Security shall promptly furnish to 
the Secretary of Labor all pertinent information in the possession of 
the Department of Health and Human Services \1\ relating to claims 
referred to the Secretary of Labor under this subsection.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Social Security 
Administration''.
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    (4) For the purposes of any determination by the Secretary of Labor 
under paragraph (3), the date of the request under paragraph (1) shall 
be considered the date of filing of the claim.

(b) Review by Secretary of Labor

    (1) The Secretary of Labor shall review each claim which has been 
denied under this part (or under section 925 of this title) on or before 
March 1, 1978, and each claim which is pending under this part (or under 
section 925 of this title) on such date, taking into account the 
amendments made to this part by the Black Lung Benefits Reform Act of 
1977. The Secretary shall approve any such claim forthwith if the 
provisions of this part, as so amended, require that approval, and the 
Secretary shall immediately make or otherwise provide for the payment of 
the claim in accordance with this part.
    (2)(A) The Secretary, in carrying out the review of any claim under 
paragraph (1) and in making any determination under subsection (a)(3) of 
this section, shall not require any additional medical or other evidence 
to be submitted if the evidence on file is sufficient for approval of 
the claim, taking into account the amendments made to this part by the 
Black Lung Benefits Reform Act of 1977.
    (B) If the evidence on file is not sufficient for approval of the 
claim, the Secretary shall provide an opportunity for the claimant to 
present additional medical or other evidence to substantiate his or her 
claim and shall notify each claimant of that opportunity.

(c) Award of benefits on retroactive basis

    Any individual whose claim is approved pursuant to this section 
shall be awarded benefits on a retroactive basis for a period which 
begins no earlier than January 1, 1974.

(Pub. L. 91-173, title IV, Sec. 435, as added Pub. L. 95-239, Sec. 15, 
Mar. 1, 1978, 92 Stat. 103; amended Pub. L. 96-88, title V, Sec. 509(b), 
Oct. 17, 1979, 93 Stat. 695; Pub. L. 103-296, title I, Sec. 108(i)(4), 
Aug. 15, 1994, 108 Stat. 1488.)

                       References in Text

    The Black Lung Benefits Reform Act of 1977, referred to in subsecs. 
(a)(1)(A), (B), (2)(A), (b)(1), (2)(A), is Pub. L. 95-239, Mar. 1, 1978, 
92 Stat. 95. For complete classification of this Act to the Code, see 
Short Title of 1978 Amendment note set out under section 801 of this 
title and Tables.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-296 substituted ``Commissioner of 
Social Security'' for ``Secretary of Health, Education, and Welfare'' 
wherever appearing.

                         Change of Name

    ``Department of Health and Human Services'' substituted for 
``Department of Health, Education, and Welfare'' in subsec. (a)(3)(B) 
pursuant to section 509(b) of Pub. L. 96-88 which is classified to 
section 3508(b) of Title 20, Education.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                             Effective Date

    Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-239, 
set out as an Effective Date of 1978 Amendment note under section 901 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 902, 932 of this title; 
title 26 section 9501.
