(a) A claim for benefits filed under this part by, or on behalf of,
a miner shall be filed within three years after a medical determination
of total disability due to pneumoconiosis which has been communicated
to the miner or a person responsible for the care of the miner, or
within three years after the date of enactment of the Black Lung
Benefits Reform Act of 1977, whichever is later. There is no time limit
on the filing of a claim by the survivor of a miner.
(b) A miner who is receiving benefits under part B of title IV of
the Act and who is notified by HEW of the right to seek medical
benefits may file a claim for medical benefits under part C of title IV
of the Act and this part. The Secretary of Health, Education, and
Welfare is required to notify each miner receiving benefits under part
B of this right. Notwithstanding the provisions of paragraph (a) of
this section, a miner notified of his or her rights under this
paragraph may file a claim under this part on or before December 31,
1980. Any claim filed after that date shall be untimely unless the time
for filing has been enlarged for good cause shown.
(c) There shall be a rebuttable presumption that every claim for
benefits is timely filed. However, except as provided in paragraph (b)
of this section, the time limits in this section are mandatory and may
not be waived or tolled except upon a showing of extraordinary
circumstances.
