Public safety benefit claims would have deadlines and interim payments

The bureau would send claim notices and issue one interim payment if it misses the decision notice deadline. Payments would go directly only to undisputed beneficiaries; otherwise, money would stay in a holding account pending a final decision. Interim benefits under section 1201(c) would count as decision notice. The overdue payment would count toward any final award. The bureau could recover it only for fraud or material misrepresentation. Payment would not establish eligibility or require payments to multiple competing beneficiaries when the law allows only mutually exclusive recipients. Missing-information notices would be due within 90 calendar days of receiving a claim. The 270-calendar-day deadline would start when all required information arrives.

The bureau would approve death-benefit claims backed by specified September 11 program certifications unless strong evidence shows otherwise. This would cover public safety officer death-benefit claims certified by the September 11th Victim Compensation Fund as eligible for death benefits, or by the World Trade Center Health Program as involving a death caused by a program-related condition. The bureau could decide otherwise if it finds clear and convincing evidence against approval, a standard requiring strong evidence.

The bureau would order public agencies to provide needed claim records when requests go unanswered. This would apply to records requested by the bureau or the claimant. The records must be in the public agency’s possession, and the bureau must find them necessary to decide the claim. The bureau could approve an extension of no more than 60 days. The 30-day period would run from the bureau’s or claimant’s request for the records.