(a) A claimant whose claim for benefits was previously approved
under part B of title IV of the Act may file a claim for benefits under
this part as provided in Secs. 725.308(b) and 725.702.
(b) If a claimant files a claim under this part while another claim
filed by the claimant under this part is still pending, the later claim
shall be merged with the earlier claim for all purposes. For purposes
of this section, a claim shall be considered pending if it has not yet
been finally denied.
(c) If a claimant files a claim under this part within one year
after the effective date of a final order denying a claim previously
filed by the claimant under this part (see Sec. 725.502(a)(2)), the
later claim shall be considered a request for modification of the prior
denial and shall be processed and adjudicated under Sec. 725.310.
(d) If a claimant files a claim under this part more than one year
after the effective date of a final order denying a claim previously
filed by the claimant under this part (see Sec. 725.502(a)(2)), the
later claim shall be considered a subsequent claim for benefits. A
subsequent claim shall be processed and adjudicated in accordance with
the provisions of subparts E and F of this part, except that the claim
shall be denied unless the claimant demonstrates that one of the
applicable conditions of entitlement (see Secs. 725.202(d) (miner),
725.212 (spouse), 725.218 (child), and 725.222 (parent, brother, or
sister)) has changed since the date upon which the order denying the
prior claim became final. The applicability of this paragraph may be
waived by the operator or fund, as appropriate. The following
additional rules shall apply to the adjudication of a subsequent claim:
(1) Any evidence submitted in connection with any prior claim shall
be made a part of the record in the subsequent claim, provided that it
was not excluded in the adjudication of the prior claim.
(2) For purposes of this section, the applicable conditions of
entitlement shall be limited to those conditions upon which the prior
denial was based. For example, if the claim was denied solely on the
basis that the individual was not a miner, the subsequent claim must be
denied unless the individual worked as a miner following the prior
denial. Similarly, if the claim was denied because the miner did not
meet one or more of the eligibility criteria contained in part 718 of
this subchapter, the subsequent claim must be denied unless the miner
meets at least one of the criteria that he or she did not meet
previously.
(3) If the applicable condition(s) of entitlement relate to the
miner's physical condition, the subsequent claim may be approved only
if new evidence submitted in connection with the subsequent claim
establishes at least one applicable condition of entitlement. A
subsequent claim filed by a surviving spouse, child, parent, brother,
or sister shall be denied unless the applicable conditions of
entitlement in such claim include at least one condition unrelated to
the miner's physical condition at the time of his death.
(4) If the claimant demonstrates a change in one of the applicable
conditions of entitlement, no findings made in connection with the
prior claim, except those based on a party's failure to contest an
issue (see Sec. 725.463), shall be binding on any party in the
adjudication of the subsequent claim. However, any stipulation made by
any party in connection with the prior claim shall be binding on that
party in the adjudication of the subsequent claim.
(5) In 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.
(e) Notwithstanding any other provision of this part or part 727 of
this subchapter (see Sec. 725.4(d)), a person may exercise the right of
review provided in paragraph (c) of Sec. 727.103 at the same time such
person is pursuing an appeal of a previously denied part B claim under
the law as it existed prior to March 1, 1978. If the part B claim is
ultimately approved as a result of the appeal, the claimant must
immediately notify the Secretary of Labor and, where appropriate, the
coal mine operator, and all duplicate payments made under part C shall
be considered an overpayment and arrangements shall be made to insure
the repayment of such overpayments to the fund or an operator, as
appropriate.
(f) In any case involving more than one claim filed by the same
claimant, under no circumstances are duplicate benefits payable for
concurrent periods of eligibility. Any duplicate benefits paid shall be
subject to collection or offset under subpart H of this part.
