20 C.F.R. § 725.201

Who is entitled to benefits; contents of this subpart

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Part C of the Act provides for the payment of periodic benefits in accordance with this part to:

(1) A miner who meets the conditions of entitlement set forth in § 725.202(d); or

(2) The surviving spouse or surviving divorced spouse of a deceased miner who meets the conditions of entitlement set forth in § 725.212; or,

(3) Where neither exists, the child of a deceased miner who meets the conditions of entitlement set forth in § 725.218; or

(4) The surviving dependent parents, where there is no surviving spouse or child, or the surviving dependent brothers or sisters, where there is no surviving spouse, child, or parent, of a miner, who meet the conditions of entitlement set forth in § 725.222; or

(5) The child of a miner's surviving spouse who was receiving benefits under Part C of the Act at the time of such spouse's death.

(b) The provisions contained in this subpart describe the conditions of entitlement to benefits applicable to a miner, or a surviving spouse, child, parent, brother, or sister, and the events which establish or terminate entitlement to benefits.

(c) In order for an entitled miner or surviving spouse to qualify for augmented benefits because of one or more dependents, such dependents must meet relationship and dependency requirements with respect to such beneficiary prescribed by or pursuant to the Act. Such requirements are also set forth in this subpart.

[65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1983–2021 · leading case: Amax Coal Co. v. Ruby Beasley, Widow of Robert v. Beasley, & Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor, 957 F.2d 324 (7th Cir. 1992).

Sort: Relevance Newest Treatment

Amax Coal Co. v. Ruby Beasley, Widow of Robert v. Beasley, & Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor, 957 F.2d 324 (7th Cir. 1992). “See 20 C.F.R. § 725.201 . Because Mr. Beasley filed his claim before March 1, 1978, the effective date of the Black Lung Benefits Reform Act of 1977, and because the claim was initially administratively denied, this case is governed by the regulations in 20 C.”

Zirkle v. Zirkle, 304 S.E.2d 664 (W. Va. 1983). “Entitlement to augmented black lung benefits may be found in 20 C.F.R. § 725.201 (d) which provides that ‘‘[i]n order for an entitled miner or surviving spouse to qualify for augmented benefits because of one or more dependents, such dependents must meet relationship and…”

Lois Blakley, Widow of Morris Blakley v. Amax Coal Co., & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 54 F.3d 1313 (7th Cir. 1995). “20 C.F.R. § 725.201 (a). Although this case comes before us as Mrs.”

Imogene Shepherd v. Incoal, Inc., 915 F.3d 392 (6th Cir. 2019). “See 20 C.F.R. §§ 725.201 (a)(2) and 725.202(d).”

Anna Kowaleski, Widow of Peter Kowaleski v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 879 F.2d 1173 (3rd Cir. 1989). “See 20 C.F.R. § 725.201 ; 20 C.F.R. §§ 410.200 , 410.”

Freeman United Coal Mining Co. v. Benefits Review Bd., United States Dep't of Labor, 879 F.2d 245 (7th Cir. 1989). “See 20 C.F.R. §§ 725.201 (a)(2), 725.212(a). Jones’ widow will be entitled to benefits arising out of Jones’ claim without filing any additional claim on her own behalf.”

Johnson v. Royal Coal Co., 326 F.3d 421 (4th Cir. 2003). “See 20 C.F.R. §§ 725.201 (a)(1), 725.202(d), 718.”

Scalia v. Chevron Mining, Inc. (W.D. Ky. 2021). · cites it 2× “of a deceased miner who meets the conditions[;]” (3) “the child of a deceased miner who meets the conditions” if the miner is deceased and there is no surviving spouse; (4) the “surviving dependent parents, where there is no surviving spouse or child, or the surviving dependent…”

Whitaker Coal Corp v. James Osborne, 526 F. App'x 567 (6th Cir. 2013). “§ 901 (a); 20 C.F.R. § 725.201 (a). Pneumoconiosis is defined as “a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.”

Roberts v. WV CWP Fund (4th Cir. 1996). “See 20 C.F.R. § 725.201 (a)(2)(ii). 3 The ALJ found that Mrs.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.