§945. Review of claims pending on, or denied on or before, March 1, 1978

(a) Notification to claimants; review by Commissioner of Social Security taking into account amendments made by Black Lung Benefits Reform Act of 1977; referral

(1) The Commissioner of Social Security shall promptly notify each claimant who has filed a claim for benefits under part B of this subchapter and whose claim is either pending on March 1, 1978, or has been denied on or before that date, that, upon the request of the claimant, the claim shall be either-

(A) reviewed by the Commissioner of Social Security under paragraph (2) for a determination based on the evidence on file, taking into account the amendments made by the Black Lung Benefits Reform Act of 1977; or

(B) referred directly by the Commissioner of Social Security to the Secretary of Labor for a determination under paragraph (3), with an opportunity for the claimant to present additional medical or other evidence in accordance with that paragraph, taking into account the amendments made by the Black Lung Benefits Reform Act of 1977.

(2)(A) The Commissioner of Social Security shall approve forthwith each claim for which review is requested under paragraph (1)(A) if, based upon the evidence on file, the provisions of part B of this subchapter, as amended by the Black Lung Benefits Reform Act of 1977, require such approval. The Commissioner of Social Security shall certify such approval to the Secretary of Labor and such approval shall be binding upon the Secretary of Labor as an initial determination of eligibility. Upon receipt of that certification, the Secretary of Labor shall immediately make or otherwise provide for the payment of the claim in accordance with this part.

(B)(i) The Commissioner of Social Security shall refer to the Secretary of Labor any claim not approved under subparagraph (A) for a determination under paragraph (3), and shall notify the claimant of that referral to the Secretary of Labor for such a determination.

(ii) The Commissioner of Social Security shall notify each claimant whose claim has been approved under subparagraph (A) that, if the claimant disputes the scope or terms of the award, such dispute shall be referred to the Secretary of Labor for a determination under paragraph (3).

(C) Upon the completion of the review of any claim by the Commissioner of Social Security under this paragraph, the responsibility for further action with respect to such claim shall be transferred to the Secretary of Labor. The Secretary of Labor shall consider each such claim in accordance with paragraph (3).

(3)(A) Except as provided in this section, the Secretary of Labor shall treat each claim referred by the Commissioner of Social Security under paragraph (1)(B) or (2)(B) as if it were a claim filed under this part. The provisions of subsection (b) of this section shall apply to any determination of the Secretary with respect to any such claim referred to the Secretary.

(B) The Commissioner of Social Security shall promptly furnish to the Secretary of Labor all pertinent information in the possession of the Department of Health and Human Services ¹ relating to claims referred to the Secretary of Labor under this subsection.

(4) For the purposes of any determination by the Secretary of Labor under paragraph (3), the date of the request under paragraph (1) shall be considered the date of filing of the claim.

(b) Review by Secretary of Labor

(1) The Secretary of Labor shall review each claim which has been denied under this part (or under section 925 of this title) on or before March 1, 1978, and each claim which is pending under this part (or under section 925 of this title) on such date, taking into account the amendments made to this part by the Black Lung Benefits Reform Act of 1977. The Secretary shall approve any such claim forthwith if the provisions of this part, as so amended, require that approval, and the Secretary shall immediately make or otherwise provide for the payment of the claim in accordance with this part.

(2)(A) The Secretary, in carrying out the review of any claim under paragraph (1) and in making any determination under subsection (a)(3) of this section, shall not require any additional medical or other evidence to be submitted if the evidence on file is sufficient for approval of the claim, taking into account the amendments made to this part by the Black Lung Benefits Reform Act of 1977.

(B) If the evidence on file is not sufficient for approval of the claim, the Secretary shall provide an opportunity for the claimant to present additional medical or other evidence to substantiate his or her claim and shall notify each claimant of that opportunity.

(c) Award of benefits on retroactive basis

Any individual whose claim is approved pursuant to this section shall be awarded benefits on a retroactive basis for a period which begins no earlier than January 1, 1974.

(Pub. L. 91–173, title IV, §435, as added Pub. L. 95–239, §15, Mar. 1, 1978, 92 Stat. 103 ; amended Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695 ; Pub. L. 103–296, title I, §108(i)(4), Aug. 15, 1994, 108 Stat. 1488 .)

References in Text

The Black Lung Benefits Reform Act of 1977, referred to in subsecs. (a)(1)(A), (B), (2)(A), (b)(1), (2)(A), is Pub. L. 95–239, Mar. 1, 1978, 92 Stat. 95 . For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 801 of this title and Tables.

Amendments

1994-Subsec. (a). Pub. L. 103–296 substituted "Commissioner of Social Security" for "Secretary of Health, Education, and Welfare" wherever appearing.

Change of Name

"Department of Health and Human Services" substituted for "Department of Health, Education, and Welfare" in subsec. (a)(3)(B) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

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.

Effective Date

Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

Section Referred to in Other Sections

This section is referred to in sections 902, 932 of this title; title 26 section 9501.

¹ So in original. Probably should be "Social Security Administration".