20 C.F.R. § 725.503

Date from which benefits are payable

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(a) In accordance with the provisions of section 6(a) of the Longshore Act as incorporated by section 422(a) of the Act, and except as provided in § 725.504, the provisions of this section shall be applicable in determining the date from which benefits are payable to an eligible claimant for any claim filed after March 31, 1980. Except as provided in paragraph (d) of this section, the date from which benefits are payable for any claim approved under part 727 shall be determined in accordance with § 727.302 (see § 725.4(d)).

(b) Miner's claim. Benefits are payable to a miner who is entitled beginning with the month of onset of total disability due to pneumoconiosis arising out of coal mine employment. Where the evidence does not establish the month of onset, benefits shall be payable to such miner beginning with the month during which the claim was filed. In the case of a miner who filed a claim before January 1, 1982, benefits shall be payable to the miner's eligible survivor (if any) beginning with the month in which the miner died.

(c) Survivor's claim. Benefits are payable to a survivor who is entitled beginning with the month of the miner's death, or January 1, 1974, whichever is later.

(d) If a claim is awarded pursuant to section 22 of the Longshore Act and § 725.310, then the date from which benefits are payable shall be determined as follows:

(1) Mistake in fact. The provisions of paragraphs (b) or (c) of this section, as applicable, shall govern the determination of the date from which benefits are payable.

(2) Change in conditions. Benefits are payable to a miner beginning with the month of onset of total disability due to pneumoconiosis arising out of coal mine employment, provided that no benefits shall be payable for any month prior to the effective date of the most recent denial of the claim by a district director or administrative law judge. Where the evidence does not establish the month of onset, benefits shall be payable to such miner from the month in which the claimant requested modification.

(e) In the case of a claim filed between July 1, 1973, and December 31, 1973, benefits shall be payable as provided by this section, except to the extent prohibited by § 727.303 (see § 725.4(d)).

(f) No benefits shall be payable with respect to a claim filed after December 31, 1973 (a part C claim), for any period of eligibility occurring before January 1, 1974.

(g) Each decision and order awarding benefits shall indicate the month from which benefits are payable to the eligible claimant.

Notes of Decisions

Cited in 35 cases (2 in the last 5 years), 1981–2025 · leading case: Amax Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Jack Chu

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Amax Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Jack Chu (2002) ca7 · cites it 5× “While under 20 C.F.R. § 725.503 the date of filing is the default date of onset when a specific date of onset is not established by the evidence, the ALJ explained that because Mr.”

Union Carbide Corporation v. Virginia Richards (2013) ca4 “309 (d)(5), which clarifies that “[i]n any case in which a subsequent claim is awarded, no benefits may be paid for any period prior to the date upon which the order denying the prior claim became final.”

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Joaquin Gurule (1981) ca10 · cites it 4× “Gurule asserted that benefits should begin December 1, 1973, the month his claim was originally filed as provided by 20 CFR § 725.503 (b). The Director, in response to Gurule’s contention, claimed that February 1, 1975 was the proper benefit onset date because a blood gas study…”

Henry Curse and George New v. Director, Office of Workers' Compensation Programs, United States Department of Labor (1988) ca11 · cites it 3× “” 20 C.F.R. § 725.503 (b) (1987). Class B claimants are treated slightly differently.”

Bridger Coal Co. v. Director, Office of Workers' Compensation Programs (2012) ca10 · cites it 2× “20 C.F.R. § 725.503 (b). If the evidence does not establish the onset date of the miner’s total disability, benefits become payable the month the miner filed his claim.”

Westmoreland Coal Co. v. Amick (2004) ca4 · cites it 3× “Because the ALJ found that the evidence did not establish the month of onset of total disability, the ALJ applied the default entitlement date provided for in 20 C.F.R. § 725.503 (2002) and made benefits payable beginning with the month that the claim was filed.”

Sea \B\" Mining Company v. Dunford" (2006) ca4 · cites it 3× “Start Date for Benefits Substantial evidence also supports ALJ Craft’s determination pursuant to 20 C.F.R. § 725.503 (b) that Dunford was entitled to benefits beginning in August 1988.”

Nancy Green v. Director, Office of Workers' Compensation Programs, United States Department of Labor (1986) ca4 · cites it 3× “2 Green relied upon 20 C.F.R. § 725.503 (b), which reads in pertinent part: (b) In the case of a miner who is totally disabled due to pneumoconiosis, benefits are payable to such miner beginning with the month of onset of total disability.”

Consolidation Coal Company v. Arthur O. Held Director, Office of Workers' Compensation Programs, United States Departmen (2002) ca4 “In its brief, Consol also argued that 20 C.F.R. § 725.503 (b) violates section 7(c) of the Administrative Procedure Act because it allows the claimant to recover benefits for a period of time for which no evidence of entitlement exists.”

Josephine Mancia Widow of Angelo Mancia v. Director, Office of Workers' Compensation Programs, United States Department (1997) ca3 “Accordingly, we will grant the petition for review, reverse the decision of the Board and remand for the limited purpose of awarding survivor’s benefits in accordance with 20 C.F.R. § 725.503 (c). Because Mrs. Mancia has been litigating this claim for seven years and because she…”

Freeman United Coal Mining Company v. Director, Office of Workers' Compensation Programs, United States Department of La (1983) ca7 “Here, however, the remand requires the administrative law judge to determine the date from which benefits are payable to the claimant, which in turn requires him to decide the month of onset of the claimant’s total disability, see 20 C.F.R. § 725.503 (b), and this is not a…”

Martha Keating, Widow of John Keating v. Director, Office of Workers' Compensation Programs, United States Department of (1995) ca3 “20 C.F.R. § 725.503 (c) provides: Except as is provided in Part 727 of this sub-chapter, in the case of a survivor of a miner who died due to or while totally disabled by pneumoconiosis, benefits shall be payable beginning with the month of the miner's death, or January 1, 1974,…”

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