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Code of Federal Regulations Pertaining to U.S. Department of Labor |
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Employees' Benefits |
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Employment Standards Administration, Department of Labor |
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Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended |
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Filing of Claims |
20 CFR 725.305 - When a written statement is considered a claim.
- Section Number: 725.305
- Section Name: When a written statement is considered a claim.
(a) The filing of a statement signed by an individual indicating an
intention to claim benefits shall be considered to be the filing of a
claim for the purposes of this part under the following circumstances:
(1) The claimant or a proper person on his or her behalf (see
Sec. 725.301) executes and files a prescribed claim form with the
Office during the claimant's lifetime within the period specified in
paragraph (b) of this section.
(2) Where the claimant dies within the period specified in
paragraph (b) of this section without filing a prescribed claim form,
and a person acting on behalf of the deceased claimant's estate
executes and files a prescribed claim form within the period specified
in paragraph (c) of this section.
(b) Upon receipt of a written statement indicating an intention to
claim benefits, the Office shall notify the signer in writing that to
be considered the claim must be executed by the claimant or a proper
party on his or her behalf on the prescribed form and filed with the
Office within six months from the date of mailing of the notice.
(c) If before the notice specified in paragraph (b) of this section
is sent, or within six months after such notice is sent, the claimant
dies without having executed and filed a prescribed form, or without
having had one executed and filed in his or her behalf, the Office
shall upon receipt of notice of the claimant's death advise his or her
estate, or those living at his or her last known address, in writing
that for the claim to be considered, a prescribed claim form must be
executed and filed by a person authorized to do so on behalf of the
claimant's estate within six months of the date of the later notice.
(d) Claims based upon written statements indicating an intention to
claim benefits not perfected in accordance with this section shall not
be processed.
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