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1 Judges' Benchbook of the Black Lung Benefits Act 2001

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                     JUDGES' BENCHBOOK

                                 OF   THE

               BLACK LUNG BENEFITS ACT



                                      ~T o0





                    PREPARED BY THE U.S. DEPARTMENT OF LABOR
                      OFFICE OF ADMINISTRATIVE LAW JUDGES
                                WASHINGTON, DC

                                AUGUST   2001




                              CHAPTER 1
                   Introduction   to the  Claims  Process


Chapter 1
Introduction to the Claims Process                                          1.1
      I.    Filing the claim and adjudication by the district director      1.1
            A.    The Director, OWCP and district director                  1.1
            B.    Development of the record                                 1.1
            C.    The notice of initial finding                             1.2
                  1.    Prior to applicability of December 2000 regulations 1.2
                  2.    After applicability of December 2000 regulations    1.2
            D.    Determination of the responsible operator                 1.2
                  1.    Before applicability of December 2000 regulations   1.2
                  2.    After applicability of December 2000 regulations    1.3
            E.    The notice of an award/denial of benefits                 1.3
      II.   The request for a formal hearing                                1.3
      III.  The adjudicative process:                                       1.4
            A.    Circuit court jurisdiction                                1.4
            B.    Claims processing                                         1.5

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