What is the process of applying for black lung benefits?
The first step in the process of applying for Black Lung benefits is to complete an application form. You will be asked to provide important basic information about yourself and your family. The form is called the "Miner's Claim for Benefits under the Black Lung Act" (Form CM-911).
When did the federal government start paying for black lung benefits?
— Federal Coal Mine Health and Safety Act of 1969 — Claim for Black Lung Benefits — Filing as Prerequisite for Entitlement — Protective Filing Date SSR 72-41: Federal Coal Mine Health and Safety Act of 1969 — Section 412 (b), (30 U.S.C. 922 (b)) — Disability Benefits Paid Under State Workmen's Compensation Law After Miner's Death - - Pennsylvania
What are black lung benefits and Social Security disability?
Black Lung Benefits and Social Security Disability Last Updated on Sun, 28 Feb 2021 | Social Security Black lung benefits are payments to coal miners—and their survivors—who become disabled from a lung disease known as pneumoconiosis as a result of breathing fine dust-like particles of coal while working in the mines.
What is a pulmonary evaluation for black lung?
A "pulmonary evaluation" is a medical examination to determine whether you are totally disabled by black lung disease. The Department of Labor (DOL) is required by law to offer you a free examination to prove that you may be entitled to black lung benefits. We will provide you with a list of physicians who can perform this examination.
How hard is it to get black lung benefits?
Over the last decade, 52,537 miners have applied to the Labor Department for black lung benefits. The department determined that only 7,252, or about 14 percent, were eligible, according to its data. The industry then challenged 70 percent of those claims, often denying the presence of the disease.
How much money do you get for black lung?
The basic black lung benefit is now $153.10 a month for a miner or widow and may rise to $306.10 if there are three or more dependents.
Are black lung benefits retroactive?
Projecting the results of its sample, GAO estimated that successful claimants received retroactive lump-sum payments of about $353.6 million, of which $312.9 million was for claims that were not based on adequate medical evidence of disability or death from black lung.
Who can receive black lung benefits?
The Black Lung Benefits Act provides monthly payments and medical benefits to coal miners totally disabled from pneumoconiosis (black lung disease) arising from their employment in or around the nation's coal mines. The Act also provides monthly benefits to a miner's dependent survivors.
Is black lung considered a disability?
Pursuant to federal law, Black Lung Disease becomes a “total disability” once it reaches a level of severity where the miner is not only unable to do his previous coal mining work, but also cannot (with consideration of education, work experience and other various work available) meet the physical demands of other coal ...
Will black lung benefits increase in 2021?
The Growing Strain on the Black Lung Disability Trust Fund The funding was later raised to $1.10/ton for underground coal and $0.55/ton for surface coal in a series of enactments by Congress, the last of which was a one-year authorization in December 2020 covering calendar year 2021.
Can you work and draw black lung benefits?
If you've developed black lung disease as a result of your work mining coal—or you're the surviving dependent of a miner who died from the condition—you may file a claim and get benefits through your state's workers' compensation system or a special federal black lung program.
How many stages of black lung are they?
There are two types of black lung disease: simple and complicated. Simple CWP means the lung has spots or scar tissue from the dust particles. Complicated CWP is called progressive massive fibrosis (PMF). People with PMF have a lot of scarring on their lungs.
What should a patient with black lung benefits be presenting with when they arrive for services?
You should present your Black Lung card whenever you seek treatment for your lung condition. Showing a medical provider your card will identify you as a Federal Black Lung Program beneficiary, and will help the medical provider determine the proper way to bill for services. Federal Black Lung Program.
Does black lung cause emphysema?
The silica mineral and carbon in the dust raised by coal mining can cause serious chronic (long-lasting) lung disease. Emphysema occurs as the first pathologic sign of black lung disease. While not all emphysema is due to black lung disease, all black lung of clinical significance tends to cause emphysema.
What is the black lung benefit?
The Black Lung Benefits Act provides monthly benefits to coal miners who are totally disabled by black lung disease caused by working in the coal mining industry . "Totally disabled" means you are unable to perform the work you did as a coal miner because breathing coal mine dust has permanently impaired your ability to breathe normally.
What are the limitations of the Black Lung Benefits Program?
The Black Lung benefits program has limitations on the amount of medical evidence which you and the coal company may give us for determining whether you are entitled to benefits. We encourage you to get advice from an attorney or other qualified representative before submitting any additional medical evidence to the Department of Labor.
What is a pulmonary evaluation?
A "pulmonary evaluation" is a medical examination to determine whether you are totally disabled by black lung disease. The Department of Labor (DOL) is required by law to offer you a free examination to prove that you may be entitled to black lung benefits. We will provide you with a list of physicians who can perform this examination.
What happens if you refuse to be examined for black lung?
If you refuse to be examined, your claim may be denied without any further consideration of your entitlement to benefits. The most important part of applying for Black Lung benefits is obtaining medical evidence about your physical condition. The Black Lung benefits program has limitations on the amount of medical evidence which you and ...
What is the physical exam?
The examination consists of: a physical examination by a physician; a chest X-ray; a pulmonary function test and an arterial blood gas test (unless medically contraindicated), which measure your ability to breathe.
How long does it take to exchange a claim?
Generally, the exchange must be made within 30 days of the party's receipt of the information. You must send a complete copy of the information to the other parties in the claim, including the Department of Labor, within 30 days after either you or your agent receives it.
Do you get additional benefits from coal mining?
You may also receive additional benefits for family members who are dependent on you and for the cost of your own medical treatment. A coal mining company which employed you (usually the last company that employed you for a year or more) may be required to pay your benefits if it meets certain requirements under the law.
How much do miners get paid?
Miners with no beneficiaries often receive less than $9,000 annually, while those with three or more dependents receive less than $16,500 per year. “Miners have given their health and livelihoods to provide the electricity and steel that made this nation the superpower of the world,” said President Roberts.
What is the UMWA?
The UMWA is currently working with members of Congress to ensure the long-term solvency of the Trust Fund, as well as securing the needed funding for a more extended amount of time. Thousands of miners and their families depend on the modest benefits provided by this fund.
What is the relief for survivors of miners act?
The Relief for Survivors of Miners Act would help lift the burden off families who currently must provide proof that black lung was the substantial, contributing cause of death in order to access benefits.
Who is the cosponsor of the Black Lung Benefits Act?
Senator Manchin is joined by Senators Mark Warner (D-VA), Bob Casey (D-PA), Tim Kaine (D-VA) and Sherrod Brown (D-OH) as cosponsors of the Bill. The 1972 Black Lung Benefits Act provides monthly benefits to the surviving family members of coal miners who die from black lung disease.
When will the Black Lung Excise Tax be extended?
In December, 2020 , Congress added a one-year extension to the Black Lung Excise Tax, which funds the Black Lung Disability Trust Fund, to its 2021 Omnibus spending bill.
Why is black lung disease on the rise in Kentucky?
Black lung disease is caused by inhaling coal dust. The dust can cause serious breathing problems, scarring in ...
How long can you work in coal mines to get a black lung?
The 2010 Black Lung Benefits Act has been modified so that coal miners who have black lung disease – also called pneumoconiosis – can automatically apply for benefits if they worked in coal mines for at least 15 years and have a respiratory illness that renders them totally disabled.
What are the symptoms of black lung disease?
If you work or have worked in a coal mine, you may experience symptoms of black lung disease, which include shortness of breath and coughing.
Why are black lung cases increasing?
Experts suggest the reasons for the increase in black lung cases may be due to several things, including: Longer work shifts; Increased mining of thinner coal seams in central Appalachia; Poor dust-control rules; Failure of mining companies to comply with regulations set forth to protect workers; Fraudulent dust-sampling by coal operators;
When did black lung disease decline?
The National Institute of Occupational Safety and Health, which has tracked the prevalence of black lung disease for decades, found that cases declined after Congress passed a mine safety act in 1969.
Can you collect black lung benefits?
Certain Conditions Automatically Make Miners Eligible for Black Lung Benefits. Victims of black lung disease may have an easier time collecting benefits for their illness, thanks to changes to a federal law recently announced by the U.S. Department of Labor.
Can black lung cause bronchitis?
In addition to the symptoms of the disease itself, black lung can also cause chronic bronchitis, respiratory failure and other lung disorders. It is important to be evaluated by a physician as soon as you begin to show signs of illness, because the condition can be more disabling the longer it goes untreated.
What is the black lung benefit?
The Black Lung Benefits Act covers only a former coal miner who contracts the disease by being exposed to coal dust on the course of their employment. These miners can avail of the benefits only when they are considered as ‘totally disabled.’.
What was the purpose of the Black Lung Benefits Act of 1973?
The act sought the protection of exposure from the coal dust of the miners by setting mining standards. The law then prompted the creation of the Black Lung Benefits Act of 1973.
What was the coal mine health and safety act of 1969?
The act sought the protection of exposure from the coal dust of the min ers by setting mining standards.
What is the basic rate for mining disability?
For the reason that the miner is now unable to seek similar mining employment due to the disease, the government provides monthly cash disability benefits to him or his survivors. On average, the basic rate is up to 37%; however, when the miner has dependents, then the rate will increase accordingly, subject to regulations.
What forms are needed for a black lung claim?
These are:Miner’s Claim for Benefits under the Black Lung Act (form CM-911)Employment History (form CM-911a)Aut horization to Obtain Earnings Data from the Social Security Administration (SSA-581)Selection of an Examining Provider To prove the information in your application, the state may ask for additional documents. So, to make the process faster, prepare documents such as all of the family member’s birth certificates, marriage certificates, proof of enrollment, or death certificates, as the case may be.
How do you know if you have black lungs?
The following are signs that a worker has contracted black lungs: Coughing without mucus production, chest tightness, and breathlessness.
How often do you have to get an x-ray for coal mining?
For those who are already working as an underground coal miner when the act was enacted, they must be given an x-ray examination every five years within the six months provided by the mining company and the National Institute for Occupational Safety and Health
What is black lung disability?
Black lung benefits are payments to coal miners—and their survivors—who become disabled from a lung disease known as pneumoconiosis as a result of breathing fine dust-like particles of coal while working in the mines.
When did the SSA start processing black lung claims?
The Federal Coal Mine Health and Safety Act of 1969 assigned initial responsibility for processing black lung benefit claims to the SSA.
Does the SSA have a black lung?
The SSA has some responsibility for program administration and policy-making of black lung benefits. Furthermore, it handles black lung benefit appeals. But if you have any questions about black lung benefits, the SSA will refer you to the DOL. Continue reading here: What Payments Do Not Affect Your Social Security Disability Benefits.
Why did Bethel Brock call Westmoreland a Godsend?
Credit: Courtesy of Bethel Brock. He called the Westmoreland job a Godsend because of the pay and benefits.
What is the black lung law?
Federal laws designed to safeguard miners mandate that someone diagnosed with black lung be given opportunities to work above ground. Backed by the United Mine Workers of America, a union Brock lauds for its tireless fight on behalf of miners, he was given a job in 1985 on the surface processing mined coal.
Why did Bethel Brock drop out of high school?
Bethel Brock is slender with a soft, deliberate voice. He dropped out of Kelly High School at 15 to go into the mines with his dad to help support his family. In 1958, his father was killed in a traffic accident, and Brock, just 18, was trapped in a life underground, working for $8 a day to help his widowed mother.
What is the Johns Hopkins lawsuit?
The 2016 complaint accuses Johns Hopkins and Wheeler of defrauding coal miners out of black lung benefits using faulty diagnoses. According to the lawsuit, Wheeler intentionally deviated from an international standard for establishing black lung and substituted his own non-conforming standards for reading X-rays.
What was Brock's illness?
Brock was diagnosed in 1982 with the early stages of black lung, a progressive illness common in coal miners. It eventually robs the lungs of the ability to hold air. In 2003, he began battling the Westmoreland Coal Company, its insurance carrier and their legion of lawyers and doctors for black lung benefits.
Why are miners overmatched?
Miners, meanwhile, are often overmatched because few lawyers will take their cases. Attorneys are barred from charging plaintiffs fees, meaning they receive modest compensation, and only if they win. Over the last decade, 52,537 miners have applied to the Labor Department for black lung benefits.
Where did Bethel Brock work?
Bethel Brock (front, kneeling) worked in the coal fields of Virginia for 27 years. His black lung disease was discovered during a routine exam when he was in his early 40s. Credit: Courtesy of Bethel Brock. But this time, the X-ray showed spots on his lungs.
