30 U.S.C. § 925

Procedure for the determination of claims during transition period

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(a) Notwithstanding any other provision in this subchapter, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or the Secretary of Labor, any claim for benefits under this part filed during the period from July 1, 1973 to December 31, 1973, shall be considered and determined in accordance with the procedures of this section. With respect to any such claim—(1) Such claim shall be determined and, where appropriate under this part or section 9501(d) of title 26, benefits shall be paid with respect to such claim by the Secretary of Labor.(2) The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after December 31, 1973.(3) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of title 33.(4) Any operator who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the determination of the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this subchapter and section 932 of this title had been applicable to such operator. Nothing in this paragraph shall require any operator to pay any benefits for any month prior to January 1, 1974.(b) The Secretary of Labor may issue such regulations as are necessary or appropriate to carry out the purpose of this section.(Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, May 19, 1972, 86 Stat. 156; amended Pub. L. 97–119, title I, § 104(b)(2), Dec. 29, 1981, 95 Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3), Nov. 2, 2002, 116 Stat. 1925.)Editorial NotesAmendments

2002—Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A), redesignated pars. (3) to (5) as (2) to (4), respectively, substituted “paragraph (2)” for “paragraph 4” in par. (4), and struck out former par. (2) which read as follows: “The manner and place of filing such claim shall be in accordance with regulations issued jointly by the Commissioner of Social Security and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration.”

Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out “, after consultation with the Commissioner of Social Security,” after “Secretary of Labor”.

1994—Subsecs. (a)(2), (b). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”.

1986—Subsec. (a)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1981—Subsec. (a)(1). Pub. L. 97–119 substituted “section 9501(d) of title 26” for “section 934 of this title”.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

Notes of Decisions
Cited in 48 cases, 1974–1998 · leading case: Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976).
Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976). · cites it 12× “[8] Claims filed during the transition period between the Federal Government benefit provision under Part B, and state plan or operator benefit provision under Part C— that is, July 1 to December 31, 1973—are adjudicated *10 under § 415 of Part B, 30 U. S. C. § 925 (1970 ed.,…”
Dir., Off. of Workmen's Comp. Prog., United States Dep't of Labor v. Alabama By-Prods. Corp., 560 F.2d 710 (5th Cir. 1977). · cites it 7× “Section 415 of Part B, 30 U.S.C. § 925 , establishes this six month duration as a transition period during which primary liability for black lung claims shifts from the federal treasury to the employer of the disabled or deceased miner, and primary responsibility for processing…”
Hattie Hall v. Sec'y, Health, Educ. & Welfare, 600 F.2d 556 (6th Cir. 1979). · cites it 8× “Section 415 is codified at 30 U.S.C. § 925 (1976) and prescribes procedures to be followed in processing claims filed during the “transition period” for transfer of administrative responsibility for black lung benefits claims from the Secretary of HEW to the Secretary of Labor.”
James W. Begley v. F. David Mathews, Sec'y of Health, Educ. & Welfare, 544 F.2d 1345 (6th Cir. 1976). · cites it 3× “30 U.S.C. § 925 . Successful claims filed during this interim period would be *1351 paid by the United States until December 81, 1973 ( 30 U.”
Odie Ingram v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 547 F.2d 904 (5th Cir. 1977). · cites it 3× “30 U.S.C. § 925 . The United States government would pay these claims until December 31, 1973 ( 30 U.”
Ralph Parker v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 590 F.2d 748 (8th Cir. 1979). · cites it 2× “§ 921 (c), incorporated by 30 U.S.C. § 925 and 30 U.S.C. § 932 . The Director has withdrawn opposition to the Court’s jurisdiction on the grounds of lack of a final reviewable order.”
Dir., Off. of Workers' Comp. Programs v. Peabody Coal Co., 554 F.2d 310 (7th Cir. 1977). · cites it 8× “V, 1975), as made applicable to the claim through § 415(a)(1), 30 U.S.C. § 925 (a)(1) (Supp. V, 1975). The Director, Office of Workers’ Compensation Programs, United States Department of Labor (Director), appealed this decision to the Benefits Review Board.”
Peabody Coal Co. & Old Repub. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 778 F.2d 358 (7th Cir. 1985). “…U.S.C. § 921 (c), as incorporated by §§ 415(a)(5) and 422(a) of the Black Lung Benefits Act, codified as amended at 30 U.S.C. §§ 925 (a)(5) and 932(a). II A. Statutory Authority Peabody argues that the Secretary exceeded his statutory authority in promulgating the §…”
Peabody Coal Co. & Old Repub. Ins. Co. v. Lessie L. Helms & Dir., Off. of Workers' Comp. Programs, 859 F.2d 486 (7th Cir. 1988). “§ 921 (c), as incorporated by § 422(a) of the Black Lung Benefits Act (BLBA), 30 U.S. C. § 925(a)(5), 932(a). Accord, Peabody Coal Co.”
Roland Newman v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 745 F.2d 1162 (8th Cir. 1984). “30 U.S.C. § 925 (1982). 2 . The black lung disability benefit program, originally enacted as title IV of the Federal Coal Mine Health and Safety Act of 1969, Pub.”
Talley v. Mathews, 550 F.2d 911 (4th Cir. 1977). · cites it 2× “30 U.S.C. § 925 (a)(1). 6 The Senate Report indicates Congress was dissatisfied with the results obtained under the statute as originally enacted.”
Albert W. Freeman v. Patricia Roberts Harris, Sec'y of Health & Human Servs., Defendant, 625 F.2d 1303 (5th Cir. 1980). “30 U.S.C. § 925 (a)(5) (1976). Claims filed after December 31, 1973, are paid through state workers’ compensation plans if the State has developed a plan which meets the approval of the Secretary of Labor.”
— 30 U.S.C. § 925(a) — 1 case
— 30 U.S.C. § 925(a)(5) — 1 case
Peabody Coal Co. & Old Repub. Ins. Co. v. Lessie L. Helms & Dir., Off. of Workers' Comp. Programs, 859 F.2d 486 (7th Cir. 1988). “§ 921 (c), as incorporated by § 422(a) of the Black Lung Benefits Act (BLBA), 30 U.S. C. § 925(a)(5), 932(a). Accord, Peabody Coal Co.”
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.