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Survivor's Claim and PPACA
In Richards v. Union Carbide Corp., ___ B.L.R. 1-__ (Jan. 9, 2012)(en banc) PDF | HTM, the BRB held that, where a miner was awarded benefits on a lifetime claim, a survivor who files a claim after January 1, 2005, which is pending on or after March 23, 2010, is automatically entitled to benefits under Section 1556 of the Patient Protection and Affordable Care Act (PPACA). The BRB concluded that the automatic entitlement provisions may be applied to "subsequent" survivors' claims filed under 20 C.F.R. § 725.309. And, in accordance with 20 C.F.R. § 725.309(d)(5), the onset date for benefits awarded in a subsequent survivor's claim under the PPACA is in the month after the month in which the survivor's prior claim was denied.
New Subpoena Forms
Beginning on Wednesday, December 1, 2010, use of the following new subpoena forms will be mandatory:
- Subpoena to Appear and Testify at a Hearing (11/2010)
- Subpoena to Appear and Testify at a Deposition (11/2010)
- Subpoena to Produce Documents, Information or Objects, or to Permit Inspection of Premises (11/2010)
For additional information, see the Subpoenas page.
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