§ 10288. Due diligence in paying benefit claims

432 words·~2 min read·/usc/title-34/section-10288

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(a)In general The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.

(b)Sufficient information unavailable If a benefit claim filed under this subchapter, including a claim for financial assistance under part B, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau—

(1)may use available investigative tools, including subpoenas, to—

(A)adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and

(B)obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and

(2)may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).

(Pub. L. 90–351, title I, § 1206, as added Pub. L. 115–36, § 4, June 2, 2017, 131 Stat. 852; amended Pub. L. 117–61, § 4, Nov. 18, 2021, 135 Stat. 1478.)

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U.S. Code

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