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 F—Determinations of Disability, Other Determinations, Administrative Review, Finality of Decisions, and Representation of Parties (§410.601 to §410.699a) > 410.629a—Expedited appeals process; conditions for use of such process.

410.629a—Expedited appeals process; conditions for use of such process.

In cases in which a reconsideration determination has been made or a higher level of appeal has been reached, an expedited appeals process may be used in lieu of the hearing and Appeals Council review, if the following conditions are met:
(a) A reconsideration determination has been made by the Commissioner; and
(b) The individual is a party referred to in § 410.629c; and
(c) The individual has filed a written request for the expedited appeals process; and
(d) The individual has alleged, and the Commissioner agrees, that the only factor precluding a favorable determination with respect to a matter referred to in § 410.610, is a statutory provision which the individual alleges to be unconstitutional; and
(e) Where more than one individual is a party referred to in § 410.629c, each and every party concurs in the request for the expedited appeals process.

Code of Federal Regulations

[40 FR 53388, Nov. 18, 1975, as amended at 62 FR 38453, July 18, 1997]