30 USC 923 - Filing of notice of claim

Editorial Notes

References in Text

The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (span), is Jan. 1, 1982, except as otherwise provided. See section 206(a) of Puspan. L. 97–119, set out as an Effective Date of 1981 Amendment note under section 901 of this title.

The Social Security Act, referred to in subsec. (span), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of this Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2002—Subsec. (a). Puspan. L. 107–275, § 2(a), substituted “Secretary” for “Commissioner of Social Security”.

Subsec. (span). Puspan. L. 107–275, § 2(span)(2), substituted “No” for “In carrying out the provisions of this part, the Commissioner of Social Security shall to the maximum extent feasible (and consistent with the provisions of this part) utilize the personnel and procedures he uses in determining entitlement to disability insurance benefit payments under section 223 of the Social Security Act, but no”.

Puspan. L. 107–275, § 2(a), substituted “Secretary has” for “Commissioner of Social Security has” in two places and “Secretary shall” for “Commissioner of Social Security shall” in two places.

Subsec. (c). Puspan. L. 107–275, § 2(a), substituted “Secretary” for “Commissioner of Social Security”.

1994—Subsecs. (a) to (c). Puspan. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing, except in reference to Secretary of Labor.

1981—Subsec. (span). Puspan. L. 97–119, § 202(a), (c), inserted “, from persons not eligible for benefits in such case with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “such affidavits” and “, other than that involving a claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “In any case”.

1978—Subsec. (span). Puspan. L. 95–239, § 5(a), (span), (c), provided that, in the case of a deceased miner where there is no medical or other relevant evidence, the affidavits be considered sufficient to establish that the miner was totally disabled due to pneumoconiosis or that death was due to pneumoconiosis, directed the Secretary to accept a board certified or board eligible radiologist’s interpretation of a chest roentgenogram in cases in which there is other evidence that a miner has a pulmonary or respiratory impairment, provided for regulations covering roentgenogram techniques, provided for acceptance by the Secretary of an autopsy report concerning the presence of pneumoconiosis and the stage of advancement of that pneumoconiosis, directed that each miner who files a claim for benefits under this subchapter be provided upon request an opportunity to substantiate the claim by means of a complete pulmonary evaluation, and, in the reference to the various subsections of section 405 of Title 42, struck out reference to subsec. (f) and inserted reference to subsec. (n).

Subsec. (d). Puspan. L. 95–239, § 5(d), added subsec. (d).

1972—Subsec. (a). Puspan. L. 92–303, § 5(2), substituted “1973” for “1972”.

Subsec. (span). Puspan. L. 92–303, §§ 1(c)(5)(A), 4(f), inserted provisions making sections 404 to 408 of title 42 applicable, and for a more liberal consideration of claims for benefits.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

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

Effective Date of 1994 Amendment

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

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Puspan. L. 97–119, set out as a note under section 901 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Puspan. L. 95–239, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by section 4(f) of Puspan. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Puspan. L. 92–303, set out as a note under section 921 of this title.

Effective Date for the Application of Section 405 of Title 42

Puspan. L. 92–303, § 1(c)(5)(B), May 19, 1972, 86 Stat. 152, provided that:

“Only section 205(span), (g), and (h) of those sections of the Social Security Act [section 405(span), (g), and (h) of Title 42, The Public Health and Welfare] recited in subparagraph (A) of this paragraph [amending this section] shall be effective as of the date provided in subsection (d) of this section.”

[There is no subsec. (d) in section 1 of Puspan. L. 92–303 as it was enacted. However, Senate Report No. 92–743, at page 30, refers to such a subsec. (d) applying the provisions of section of Puspan. L. 92–303 retroactively to Dec. 30, 1969.]