Federal Black Lung Benefits Rates for 2018: Benefits Increase By 1.4%. (The 2017 black lung benefits rates were: $651.00 for a primary beneficiary, $976.40 for primary with one dependent, $1,139.10 for a primary with two dependents, and $1,301.00 for a primary with three or more dependents.) Because black lung benefits are paid on the 15th day...
Who is eligible for “black lung” benefits?
The Black Lung Benefits Act provides monthly benefits to eligible surviving family members of coal miners whose deaths were due to black lung disease, or "pneumoconiosis." The Act also provides monthly benefits to survivors of miners who were entitled to benefits based on their own lifetime claims. In either case, you may receive additional benefits for family members who are dependent on you.
How long do you live with black lung?
The amount of potential lost years of life went from 8.1 years to 12.6 years per patient who died, the CDC reports. The increase in lost years of life was seen between 2003 and 2016. The CDC’s report found an 8.6-fold increase in workers diagnosed with PMF-level black lung between the 1990s and the years 2008 to 2012.
Are black lung benefits taxable?
“Federal Black Lung Benefits Are Not Taxable.” Accessed Dec. 17, 2020. How is black lung treated? There is no cure for black lung disease – we can only treat symptoms. Medications, such as inhaled steroids, can help patients breathe more easily. More severe cases can require oxygen and possibly lung transplants.
How to get workers' comp for black lung disease?
- Courteous and prompt assistance on all claims, including a timely response to all inquiries;
- Clear oral or written explanations to all questions;
- Accurate adjudication of claims;
- Clear and thorough claim decisions to all parties, including the right to appeal;
- Timely initiation of benefit payments upon the issuance of awards;
What is the average black lung settlement?
Federal black lung benefit rates are set at 37.5% of the base salary of certain entry-level federal employees. See 30 U.S.C. § 922(a)(1). These employees are on the second lowest paygrade for federal employees, or the GS-2 Step 1, and they earn just $21,974.00 per year or $10.53 per hour.
Who pays for black lung benefits?
Today, roughly 75 percent of all Black Lung Benefit Act claims are paid from the Trust Fund. The Black Lung Disability Trust Fund is financed primarily by a tax on coal produced and sold domestically. The tax was first established in 1978 at $0.50 per ton on underground coal, and $0.25 per ton on surface coal.
Who qualifies for black lung benefits?
The Black Lung Benefits Act provides monthly benefits to eligible surviving family members of coal miners whose deaths were due to black lung disease, or "pneumoconiosis." The Act also provides monthly benefits to survivors of miners who were entitled to benefits based on their own lifetime claims.
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.
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 ...
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 much does Federal black lung pay per month?
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.
Does Medicare cover black lung?
Federal Black Lung Benefits - Medicare does not pay for services covered under the Federal Black Lung Program. However, if a Medicare-eligible patient has an illness or injury not related to black lung, the patient may submit a claim to Medicare.
How are healthcare costs covered for miners with black lung?
The cost of medical treatments and services (and associated travel) related to your Black Lung condition is covered under the Federal Black Lung Benefits Act. There are maximum limits on payments for medical treatment and services, but there are no deductibles or co- payments.
Are black lung benefits taxable?
U.S. Department of Labor. "Federal Black Lung Benefits Are Not Taxable." Accessed Dec. 17, 2020.
What is the Federal black lung Trust Fund?
The federal Black Lung Disability Trust Fund pays benefits to coal miners in certain circumstances, such as when the liable mine operator doesn't pay. But the Trust consistently borrows from the Treasury's general fund to cover costs. The Department of Labor oversees the self-insurance program for coal mine operators.
How much will black lung benefits be in 2020?
This month, coal miners and their families received news that the U.S. Department of Labor increased federal black lung benefits by 2.6%. For a disabled coal miner and spouse, this could mean an extra $24 in their pockets every month — an amount that makes a meaningful difference ...
Is black lung disease progressive?
For many miners, the medical benefits prove more valuable than the monetary benefits. Black lung disease is progressive, meaning by nature it worsens over time. For years, coal miners have been forced to do more to compensate and care for their disease with less and less money after inflation. That’s not right.
Can black lung benefits decrease Social Security?
Many beneficiaries also effectively get less because an award of federal black lung benefits can decrease the amount that someone gets from an award of Social Security Disability. In addition to monthly monetary benefits, disabled coal miners also receive medical benefits to treat their lung disease. See 20 C.F.R. § 725.701.
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.
How much is the black lung tax?
Until the end of 2018 the tax was $1.10 per ton for coal from subsurface mines and $0.55 per ton for surface mines, limited to a maximum of 4.4% of the coal’s selling price. Starting January 1, 2019 ...
When was the Black Lung Benefits Act passed?
Signed into law by President Richard M. Nixon on May 19, 1972. The Black Lung Benefits Act (BLBA) is a U.S. federal law which provides monthly payments and medical benefits to coal miners totally disabled from pneumoconiosis (black lung disease) arising from employment in or around the nation's coal mines. The law also provides monthly benefits ...
What are the benefits of coal dust?
The program provides for diagnostic testing to verify the presence of black lung disease and degree of associated disability. Benefits may include a monthly stipend, as well as such medical services as prescription drug coverage, hospitalization coverage, durable medical equipment, and outpatient therapy.
What is the black lung benefit?
The Black Lung benefit program established by the Federal Coal Mine Health and Safety Act of 1969 provides monthly benefit payments to coal miners who have become totally disabled as a result of Black Lung disease.
What is the name of the disease caused by coal dust?
Pneumoconiosis, also known as Black Lung disease, is a respiratory illness that results from the inhalation of coal dust over many years.
Is black lung disease 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 mine work.
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.
Overview
The Black Lung Benefits Act (BLBA) is a U.S. federal law which provides monthly payments and medical benefits to coal miners totally disabled from pneumoconiosis (black lung disease) arising from employment in or around the nation's coal mines. The law also provides monthly benefits to a miner's dependent survivors if pneumoconiosis caused or hastened the miner's death.
History
In 1952, Alabama became the first state to provide compensation for coal workers' pneumoconiosis.
In 1969, the United Mine Workers convinced the United States Congress to enact the landmark Federal Coal Mine Health and Safety Act which provided compensation for miners suffering from Black Lung Disease. Arnold Miller (1923–1985) a miner and long time labor activist played a big r…
Adjudication and processing
Claims may be submitted to any of nine district offices of the Division of Coal Mine Workers' Compensation of the Department of Labor. The employment and medical history of the claimant are examined, including a complete pulmonary evaluation paid for by the Black Lung Disability Trust Fund. There may be a rebuttable presumption that pneumoconiosis resulted from such employment for miners long-term employed at one or more coal mines. Right of rebuttal is offer…
Benefits and medical services
Present and former coal miners, other workers who have been exposed to coal dust, and their surviving dependents may apply for medical and monthly financial benefits under the Act. The program provides for diagnostic testing to verify the presence of black lung disease and degree of associated disability. Benefits may include a monthly stipend, as well as such medical services as prescription drug coverage, hospitalization coverage, durable medical equipment, and outpatien…
Black Lung Disability Trust Fund
The Black Lung Benefits Act established a government trust fund to pay for the benefits, financed by an excise tax on coal. Until the end of 2018 the tax was $1.10 per ton for coal from subsurface mines and $0.55 per ton for surface mines, limited to a maximum of 4.4% of the coal’s selling price. Starting January 1, 2019 the rate was reduced to $0.50 per ton for coal from subsurface mines …
See also
• Coalworker's pneumoconiosis
External links
• The Black Lung Benefits Act (BLBA)
• Black Lung - United Mine Workers of America
• Division of Coal Mine Workers' Compensation (DCMWC)