According to the Department of Labor, here are the steps for filing a black lung benefits claim in Kentucky:
- First, complete the “Miner’s Claim for Benefits under the Black Lung Act” form ( Form CM-911 ).
- Next, complete your “Employment History” form ( Supplemental Form CM-911a .) List where and how long you worked, which...
- Finally, you may have to provide marriage,...
Full Answer
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.
What are the benefits of black lung?
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. The Federal Coal Mine Health and Safety Act of 1969 assigned initial responsibility for processing black lung benefit claims to the SSA.
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;
How do you qualify for black lung?
To be eligible for this benefit program, you must be one of the following:A coal miner, who suffers from an illness caused by pneumoconiosis (black lung disease), or.A widow or widower whose spouse died due to a work-related illness caused by Pneumoconiosis.
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.
How do I file 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).
How much is black lung benefits?
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.
How much was a black lung check?
Division of Coal Mine Workers' Compensation (DCMWC)ClaimBenefit RatePrimary beneficiary$708.00Primary beneficiary and one dependent$1,063.00Primary beneficiary and two dependents$1,240.00Primary beneficiary and three or more dependents$1,417.00
Do you pay taxes on Black Lung Benefits?
Black lung benefit trusts are subject to excise taxes on: • certain acts of self-dealing, IRC Section 4951 • taxable expenditures, IRC Section 4952 • excess contributions to these trusts, IRC Section 4953. self-dealing and taxable expenditures per Treas.
Does black lung qualify for disability?
Known as “black lung,” the lung diseases and damage caused by long-term coal mining work can be a permanent disability that prevent miners from going back to work. For people suffering from this severe illness, filing for Social Security Disability can be an important step.
Is black lung considered a disability?
The Federal Coal Mine Health and Safety Act of 1969 provided benefits to coal miners totally disabled by pneumoconiosis--commonly called "black lung" --and to dependents of miners who had died from the disease or were totally disabled from it at death.
Is black lung workers compensation?
For coal miners, pneumoconiosis, more commonly known as black lung disease, continues to be a health risk. The Federal Black Lung Program is a workers' compensation program designed to compensate coal miners who suffer from black lung.
What is Federal black lung Program?
About Black Lung Program The Act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, and to survivors of coal miners whose deaths are attributable to the disease.
What is the Black Lung 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. The funding was later raised to $1.10/ton for underground coal and $0.55/ton for surface coal.
Will black lung benefits increase in 2022?
Studies show that 20 percent of long-time miners in Appalachia now have black lung disease—the highest rate in 25 years. The Black Lung Benefits Disability Trust Fund Solvency Act of 2022 will protect access to health care and benefits for retired coal miners suffering from black lung disease.
What is the black lung benefit?
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 ...
What is the most important part of applying for survivor's black lung benefits?
The most important part of applying for survivor's Black Lung benefits is obtaining medical evidence about the miner's physical condition and his or her cause of death. The Black Lung benefits program has limitations on the amount of medical evidence which you or the coal company can give us for determining whether you are entitled to benefits.
Do you have to exchange medical information with other parties for black lung?
NOTE: Recent changes to the regulations governing the Federal Black Lung Program require the parties to exchange – with all other parties – any "medical information" developed in connection with a claim for benefits, even if the submitting party does not intend to offer the information as evidence to be considered by the DOL's deciding official. This rule applies to your claim.
Do you get additional benefits if you are dependent on a deceased coal miner?
In either case, you may receive additional benefits for family members who are dependent on you. A coal mining company which employed the deceased coal miner (usually the last company that employed the miner for a year or more) may be required to pay your benefits if it meets certain requirements under the law.
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. The Affordable Care Act (aka “Obamacare”) made it easier for the widows and dependents of deceased coal miners to receive benefits as ...
How is the Black Lung benefit determined?
Black Lung benefit payments are determined by reference to the federal employee salary scales, and increase automatically when federal salaries are increased. The rate payable to a minor child or widow may be increased depending on the number of qualified dependents, generally 50 percent of the basic rate if one dependent qualifies. Additionally 75 percent for two dependents and 100 percent for three or more dependents. Black Lung monthly benefits rates for 2011-2012 may be found here.
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 the phone number for black lung?
Call our office at (606) 633-3929 to make an appointment and begin the intake process. Black lung is a latent and progressive disease.
When did widows get benefits for black lung?
These changes apply only to claims filed after January 1, 2005. The Affordable Care Act could not have come at a more crucial time.
Can a widow of a miner who died from black lung get benefits?
Federal Black Lung Benefits Litigation. To win benefits, a miner must prove that he has Black Lung and that he is totally disabled due to a breathing impairment caused at least in part by Black Lung. A widow of a miner whose death was due to Black Lung is entitled to benefits.
Why do people get black lung?
Experts suggest the reasons for the increase in black lung cases may be due to several things, including: Failure to take measures to keep dust down to acceptable levels. 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.
What causes black lung disease?
Black lung disease is caused by inhaling coal dust. The dust can cause serious breathing problems, scarring in the lungs and premature death. There is currently no cure.
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.
Which state has the worst black lung disease?
Eastern Kentucky has one of the worst records for black lung disease, according to the Lexington newspaper. Nine percent of the coal miners screened in a NIOSH study between 2005 and 2009 had black lung disease – a higher prevalence than in any other state.
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.
Does the black lung benefit transfer to the deceased?
The other change automatically transfers the black lung benefits from the deceased miner to his or her survivors.
Can you get workers compensation for black lung disease?
If you suspect that you may have contracted black lung disease, you may be entitled to workers’ compensation and other benefits from your employers and their insurers. Our Lexington, Ky. lawyers strongly urge you to pursue screenings despite any reservations you may have about a black lung diagnosis.
What is the black lung benefit?
The Black Lung Benefits Act provides benefits to miners who develop the disease after working in the coal mining industry. Anyone unable to work because inhaling coal mine dust hurt their ability to breathe normally may qualify. Eligible applicants can receive monthly payments to cover living and medical expenses ( see current amounts on the DOL’s website ).
Do you have to provide birth certificate for black lung?
Finally, you may have to provide marriage, birth and death certificates as well as your kids’ school enrollment history. These documents help prove that you and your dependents are eligible for black lung benefits.
Do you get paid for working for coal mining?
You may also get paid more benefits for any dependents who qualify. Any legally liable coal mining company you worked for may have to pay your benefits. Otherwise, the Black Lung Disability Trust Fund pays you.
Can a radiology doctor read a black lung X-ray?
The March 2018 law prevents federally certified radiologists from judging X-rays from min ers that file black lung benefits claims. According to the new state law, only pulmonologists can diagnose coal miners with black lung disease. Now, only six doctors in the entire state are certified to read black lung X-rays. However, four of those six doctors regularly work for coal mining companies in Kentucky.
Do you have to pay a lawyer for a black lung claim?
If approved, the Black Lung Disability Trust Fund or liable coal mining company must pay your legal fees. You won’t have to pay the lawyer anything if your claim gets denied. Plus, talking to a lawyer now can help you get paid the most benefits you’re owed faster. You have nothing to lose and can get confidential answers to all your questions before you apply for benefits. If your claim’s denied, that lawyer can file your appeal and fight the mining company for you at your hearing. No matter what claim help you need today, your legal consultation is always free.
Can a pulmonologist review X-rays for black lung?
Thanks to a recent Kentucky law’s passage, radiologists can no longer evaluate X-rays for these claims. Instead, only pulmonologists can review X-rays for black lung benefits now. This means that only doctors that usually work for the mining companies themselves can examine black lung claimants. These changes come from a bigger effort to reform Kentucky workers’ compensation laws.
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.
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A coal miner is entitled to black lung benefits under a provision of the Patient Protection and Affordable Care Act, the 7th U.S. Circuit Court of Appeals has ruled.
