(1) Determining whether such individual is or was a miner; (2) establishing the applicability of any of the presumptions described in section 411(c) of the Act and part 718 of this subchapter; and (3) determining the identity of a coal mine operator liable for the payment of benefits in accordance with 725.493. The presumption may be rebutted by evidence which demonstrates:
(i) That the individual was not regularly exposed to coal mine dust during his or her employment in or around a coal mine or preparation facility; or (ii) that the individual was not regularly employed in or around a coal mine or coal preparation facility. An individual employed by a coal mine operator, regardless of the nature of such individual's employment, shall be considered a miner unless such individual was not employed in or around a coal mine or coal preparation facility.
A person who is or was a self-employed miner or independent contractor, and who otherwise meets the requirements of this paragraph, shall be considered a miner for the purposes of this part (see 725.494).
(b) Conditions of entitlement; miner. An individual is eligible for benefits under this subchapter if the individual:
(1) Is a miner as defined in this section; and
(2) Is totally disabled due to pneumoconiosis (see part 718 of this subchapter; see also 725.503A); and
(3) Has filed a claim for benefits in accordance with the provisions of this part.