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 H—Payment of Benefits

20 C.F.R. § 725.502

When benefit payments are due; manner of payment

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

(a)(1) Except with respect to benefits paid by the fund pursuant to an initial determination issued in accordance with § 725.418 (see § 725.522), benefits under the Act shall be paid when they become due. Benefits shall be considered due after the issuance of an effective order requiring the payment of benefits by a district director, administrative law judge, Benefits Review Board, or court, notwithstanding the pendency of a motion for reconsideration before an administrative law judge or an appeal to the Board or court, except that benefits shall not be considered due where the payment of such benefits has been stayed by the Benefits Review Board or appropriate court. An effective order shall remain in effect unless it is vacated by an administrative law judge on reconsideration, or, upon review under section 21 of the LHWCA, by the Benefits Review Board or an appropriate court, or is superseded by an effective order issued pursuant to § 725.310.

(2) A proposed order issued by a district director pursuant to § 725.418 becomes effective at the expiration of the thirtieth day thereafter if no party timely requests revision of the proposed decision and order or a hearing (see § 725.419). An order issued by an administrative law judge becomes effective when it is filed in the office of the district director (see § 725.479). An order issued by the Benefits Review Board shall become effective when it is issued. An order issued by a court shall become effective in accordance with the rules of the court.

(b)(1) While an effective order requiring the payment of benefits remains in effect, monthly benefits, at the rates set forth in § 725.520, shall be due on the fifteenth day of the month following the month for which the benefits are payable. For example, benefits payable for the month of January shall be due on the fifteenth day of February.

(2) Within 30 days after the issuance of an effective order requiring the payment of benefits, the district director shall compute the amount of benefits payable for periods prior to the effective date of the order, in addition to any interest payable for such periods (see § 725.608), and shall so notify the parties. Any computation made by the district director under this paragraph shall strictly observe the terms of the order. Benefits and interest payable for such periods shall be due on the thirtieth day following issuance of the district director's computation. A copy of the current table of applicable interest rates shall be attached to the computation.

(c) Benefits are payable for monthly periods and shall be paid directly to an eligible claimant or his or her representative payee (see § 725.510) beginning with the month during which eligibility begins. Benefit payments shall terminate with the month before the month during which eligibility terminates. If a claimant dies in the first month during which all requirements for eligibility are met, benefits shall be paid for that month.

Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 1982–2026 · leading case: Byrge ex rel. Estate v. Premium Coal Co.
Sort: Relevance Newest Treatment
Byrge ex rel. Estate v. Premium Coal Co. (2017) tned · cites it 13× “1986) ); see also 20 C.F.R. § 725.502 (discussing the district director's duty to compute the amount of benefits payable prior to the effective date of the order, in addition to any interest, and explaining that "[a]ny computation made the by district director .”
Crowe Ex Rel. Crowe v. Zeigler Coal Co. (2011) ca7 · cites it 6× “" 20 C.F.R. § 725.502 (a)(1). Accord, 33 U.”
Nowlin v. Eastern Associated Coal Corp. (2004) wvnd · cites it 4× “In support of this contention, Nowlin cites 20 C.F.R. § 725.502 (b)(2), which states unconditionally that “[bjenefits and interest payable for such periods shall be due on the thirtieth day following issuance of the district director’s computation.”
Burton v. Drummond Co. (2018) alnd · cites it 3× “20 C.F.R. § 725.502 (a)(1). Because Drummond failed to pay the benefits it owed Verby Burton during the pendency of its appeals, the Black Lung Disability Trust Fund began paying Verby Burton's benefits as provided for by statute, 26 U.”
Bridger Coal Co. v. Director, Office of Workers' Compensation Programs (2012) ca10 “…Bridger’s interpretation of the proceedings would therefore entitle Lambright to one month of lifetime benefits. See 20 C.F.R. § 725.502 (c).”
National Mining Ass'n v. Chao (2001) dcd “20 C.F.R. § 725.502 : This rule provides that benefits are due when an order requiring payment is issued by the district director, notwithstanding any further pending appeals or other litigation.”
Thacker v. Old Republic Insurance Co. (2019) kyed · cites it 24× “) Plaintiff also raises arguments in support of her position: (1) under 20 C.F.R. § 725.502 , benefits became due on September 16, 2016, and since Old Republic did not pay until February 2, 2018, it owes additional compensation under 33 U.”
Director, Office of Workers' Compensation Programs, United States Department of Labor v. Rochester & Pittsburgh Coal Co. (1982) ca3 · cites it 4× “On the facts in this record, we reject this interpretation of 20 C.F.R. § 725.502 (b) as inconsistent with the statute and other implementing regulations.”
Lester v. Consolidation Coal Company (2023) wvsd · cites it 12× “Defendants contend pursuant to 20 C.F.R. § 725.502 (b)(2), the benefits did not become due until thirty days after issuance of the OWCP’s August 2022 computation letter.”
Barry Hunter v. Peabody Energy, ET AL. (2026) kywd · cites it 8× “Under 20 C.F.R. § 725.502 , benefits then become due after the issuance of an effective order requiring the payment of benefits by a District Director, administrative law judge, Benefits Review Board, or court, notwithstanding the pendency of a motion for reconsideration before…”
Scalia v. Chevron Mining, Inc. (2021) kywd · cites it 3× “Based on the language of 20 C.F.R. § 725.502 (b)(2), Defendant asserts that the benefits become due thirty days after two conditions are satisfied: “(1) an effective compensation order has been issued; and (2) the District Director computes the amount of benefits payable and…”
Adams v. Old Republic Insurance Co. (2023) kyed · cites it 2× “20 C.F.R. §§ 725.502 (a)-(b); Templeton v.”
Show all 13 citing cases →
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.