725.405

Message

---DISCLAIMER---

725.405 - Development of medical evidence; scheduling of medical
examinations and tests.
●
●

●
●

Standard Number: 725.405
Standard Title: Development of medical evidence; scheduling of medical examinations
and tests.
SubPart Number: D
SubPart Title: Adjudication of Claims; Adjudication Officers

(a) Upon receipt of a claim, the deputy commissioner shall ascertain whether the claim was filed
by or on account of a miner as defined in 725.202(a), and in the case of a claim filed on account
of a deceased miner, whether the claim was filed by an eligible survivor of such miner as defined
in subpart B of this part.
(b) In the case of a claim filed by or on behalf of a miner, the deputy commissioner shall, where
necessary, schedule the claimant for a medical examination and testing under 725.406.
(c) In the case of a claim filed by or on behalf of a survivor of a miner, the deputy commissioner
shall obtain whatever medical evidence is necessary and available for the development and
evaluation of the claim.
(d) The deputy commissioner shall, where appropriate, collect other evidence necessary to
establish:
(1) The nature and duration of the miner's employment; and
(2) All other matters relevant to the determination of the claim.
(e) If at any time during the processing of the claim by the deputy commissioner, the evidence
establishes that the claimant is not entitled to benefits under the Act, the deputy commissioner
may terminate evidentiary development of the claim and proceed as appropriate.

file:///C|/Documents%20and%20Settings/hbell/My%20Docu...)%201215-0057%20(May%202006)/Emailing%200725.0405.htm05/15/2006 11:24:47 AM