Carl Adkins v. Director, Office of Workers' Compensation Programs, United States Department of Labor

HARRISON L. WINTER, Circuit Judge:

In this case we decide whether, after notifying a Black Lung Benefits Act claimant that benefits have been denied pursuant to 20 C.F.R. § 725.410(c), the Department of Labor (DoL) must send to the claimant an additional denial notice pursu ant to 20 C.F.R. § 725.409(b) before considering the claim abandoned. We hold that no such additional notice is required.

I

Petitioner Carl Adkins filed a claim for benefits under the Black Lung Benefits Act in June 1973. His claim was denied three times by the Social Security Administration and was referred to the DoL in…