C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED › Subpart B—Persons Entitled to Benefits, Conditions, and Duration of Entitlement

20 C.F.R. § 725.213

Duration of entitlement; surviving spouse or surviving divorced spouse

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(a) An individual is entitled to benefits as a surviving spouse, or as a surviving divorced spouse, for each month beginning with the first month in which all of the conditions of entitlement prescribed in § 725.212 are satisfied.

(b) The last month for which such individual is entitled to such benefits is the month before the month in which either of the following events first occurs:

(1) The surviving spouse or surviving divorced spouse marries; or

(2) The surviving spouse or surviving divorced spouse dies.

(c) A surviving spouse or surviving divorced spouse whose entitlement to benefits has been terminated pursuant to § 725.213(b)(1) may thereafter again become entitled to such benefits upon filing application for such reentitlement, beginning with the first month after the marriage ends and such individual meets the requirements of § 725.212. The individual shall not be required to reestablish the miner's entitlement to benefits (§ 725.212(a)(3)(i)) or the miner's death due to pneumoconiosis (§ 725.212(a)(3)(ii)).

Notes of Decisions
Cited in 3 cases, 1989–2002 · leading case: Wolf Creek Collieries v. Olga Robinson & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 872 F.2d 1264 (6th Cir. 1989).
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Wolf Creek Collieries v. Olga Robinson & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 872 F.2d 1264 (6th Cir. 1989). “Petitioner cites 20 C.F.R. § 725.213 , which states: § 725.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.213 (c): This rule limits the duration of a spouse or surviving spouse’s entitlement to benefits.”
Peabody Coal Co. v. Adler, 40 F. App'x 54 (6th Cir. 2002). “20 C.F.R. § 725.213 . Because Gladys filed a timely appeal of the 1988 decision, and because her entitlement arose as a matter of law after the award to Bobbie on remand, no final “denial of a claim” by Gladys was ever issued that would trigger the limitations period.”
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