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. § 725.217

Determination of dependency; surviving divorced spouse

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An individual who is the miner's surviving divorced spouse (see § 725.216) shall be determined to have been dependent on the miner if, for the month before the month in which the miner died:

(a) The individual was receiving at least one-half of his or her support from the miner (see § 725.233(g)); or

(b) The individual was receiving substantial contributions from the miner pursuant to a written agreement (see § 725.233(c) and (f)); or

(c) A court order required the miner to furnish substantial contributions to the individual's support (see § 725.233(c) and (e)).

Notes of Decisions
Cited in 5 cases, 1987–2005 · leading case: Mary Lombardy (Surviving Divorced Spouse of Frank Lombardy) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 355 F.3d 211 (3rd Cir. 2004).
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Mary Lombardy (Surviving Divorced Spouse of Frank Lombardy) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 355 F.3d 211 (3rd Cir. 2004). · cites it 4× “See 20 C.F.R. § 725.217 . Mrs. Lombardy appealed and requested a hearing.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Aleen E. Ball, 826 F.2d 603 (7th Cir. 1987). “To recover benefits under the Black Lung Benefits Act, a surviving divorced wife must show that she was financially “dependent on the miner,” 20 C.F.R. § 725.217 (a) (1986), by demonstrating that she falls within one of three categories: (1) a widow who “was receiving at least…”
Charles v. Dir., Off. of Workers' Comp. Programs, 1 F.3d 251 (4th Cir. 1993). “shall be determined to have been dependent on the miner if, for the month before the month in which the miner died: (3) A court order required the miner to furnish substantial contributions to the individual's support.”
May W. Tucker v. Dir., OWCP, 155 F. App'x 413 (11th Cir. 2005). · cites it 6× “20 C.F.R. § 725.217 . “One-half of her support” is defined as support that “equaled or exceeded one-half the total cost of such individual’s support at such time or during such period.”
Lombardy v. Dir. OWCP (3rd Cir. 2004). · cites it 4× “See 20 C.F.R. § 725.217 . Mrs. Lombardy appealed and requested a hearing.”
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