CFR > Title 20 - Employees' Benefits > CHAPTER III—SOCIAL SECURITY ADMINISTRATION > PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969-) > SUBPART B—Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence (§410.200 to §410.250) > 410.232—Withdrawal of a claim.

410.232—Withdrawal of a claim.

(a) Before adjudication of claim. A claimant (or an individual who is authorized to execute a claim on his behalf under § 410.222 ), may withdraw his previously filed claim provided that:
(1) He files a written request for withdrawal.
(2) The claimant is alive at the time the request for withdrawal is filed,
(3) The Administration approves the request for withdrawal, and
(4) The request for withdrawal is filed on or before the date the Administration makes a determination on the claim.
(b) After adjudication of claim. A claim for benefits may be withdrawn by a written request filed after the date the Administration makes a determination on the claim provided that:
(1) The conditions enumerated in paragraphs (a) (1) through (3) of this section are met; and
(2) There is repayment of the amount of benefits previously paid because of the claim that is being withdrawn or it can be established to the satisfaction of the Administration that repayment of any such amount is assured.
(c) Effect of withdrawal of claim. Where a request for withdrawal of a claim is filed and such request for withdrawal is approved by the Administration, such claim will be deemed not to have been filed. After the withdrawal (whether made before or after the date the Administration makes a determination) further action will be taken by the Administration only upon the filing of a new claim, except as provided in § 410.233.