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.
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.
What is the Federal Black Lung Program?
The mission of the Division of Coal Mine Workers' Compensation, or Federal Black Lung Program, is to administer claims filed under the Black Lung Benefits Act. 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.
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.
What qualifies you for black lung benefits?
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.
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.
How do you apply for black lung?
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).
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 ...
How are black lung benefits funded?
Black lung benefits are generally paid by liable coal mine operators, and federal law generally requires coal mine operators to secure their black lung benefit liability. Operators are allowed to self-insure if they meet certain DOL conditions.
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.
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.
What can ex miners claim for?
What you can claim fornoise induced hearing loss ( NIHL )respiratory conditions such as chronic obstructive pulmonary disease ( COPD )hand arm vibration related conditions such as vibration white finger ( VWF )other asbestos related conditions such as mesothelioma.
Is black lung taxable?
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.
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.
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 is the black lung?
§§901-944 (2012) (“Act”), provides for monthly compensation and medical treatment benefits to miners who contract coal workers’ pneumoconiosis, commonly referred to as “black lung disease,” and become totally disabled due to the disease. Surviving spouses, surviving divorced spouses, and certain surviving children may also file claims for monthly compensation benefits if black lung disease has caused, or sufficiently contributed to, a miner’s death.
Do you have to pay attorney fees for a black lung disability?
Because the law provides for the award of only attorney’s fees, the Black Lung Disability Trust Fund and any named employer are not responsible for the payment of such fees to lay representatives. Therefore if you are awarded benefits, then you must pay any fees and costs of the lay representative.
Who is eligible for black lung benefits?
Current and former coal miners (including certain coal transportation and coal mine construction workers who were exposed to coal mine dust) and surviving dependents (including spouses, children, and dependent parents or siblings) who meet specified entitlement conditions may be entitled to black lung benefits.
How are benefits reduced for pneumoconiosis?
Benefit payments are reduced by the amounts received for total or partial disability or death due to pneumoconiosis under state or other federal workers' compensation laws and, in some cases, by excess earnings. Benefits rates are adjusted periodically according to the percentage increase of federal pay rates.
Does black lung disability cover Social Security?
If state or other federal black lung workers’ compensation benefits are less than federal black lung benefits, the federal black lung program covers the difference. Social Security disability benefits are also reduced by the amount of federal black lung benefits received.
Can a company self-insure if it fails to comply with the BLBA?
The Department of Labor may suspend or revoke the authority to self-insure due to an operator’s failure to comply with the BLBA and its regulations, the insolvency of the operator’s surety on an indemnity bond, or impairment of the operator’s financial responsibility. Revocation of the authority to self-insure or the failure to obtain insurance does not relieve operators of liability for the payment of benefits and the provision of medical treatment. Operators who fail to secure insurance may be subject to a civil money penalty of up to $1,100 for each day there is no insurance in effect.
Is the Employment Law Guide a public resource?
The Employment Law Guide is offered as a public resource. It does not create new legal obligations and it is not a substitute for the U.S. Code, Federal Register, and Code of Federal Regulations as the official sources of applicable law.
Can a coal miner self-insure?
A coal mine operator permitted to self-insure must submit any report that OWCP might request, such as , for example, a report addressing the employer’s financial condition . The failure to submit any requested report could result in revocation of the employer’s self-insurance status.
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 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
Is black lung disease curable?
The Black Lung disease is not entirely curable; however, its symptoms can be watered down when the worker receives proper treatment. Under the program, the cost of treatments and services, which includes travel expenses, to remedy the black lung condition will be provided by the state.
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.
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.
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.
Filing A Claim
- The Black Lung Benefits Act, as amended, 30 U.S.C. §§901-944 (2012) (“Act”), provides for monthly compensation and medical treatment benefits to miners who contract coal workers’ pneumoconiosis, commonly referred to as “black lung disease,” and become totally disabled due to the disease. Surviving spouses, surviving divorced spouses, and certain su...
Attorneys and Representatives
- If your claim is referred to the OALJ for a hearing, it is recommended that you obtain an attorney experienced in black lung claims to represent you at your hearing. Under the law, you may not be charged a fee by an attorney if no black lung benefits are awarded to you. However, if you receive an award of benefits, your former employer or the Black Lung Disability Trust Fund will pay your lawyer’s fees. If you do seek someone to represent you, it is im…
Hearing Location
- A claim that has been referred to the OALJ is received by the Chief Docket Clerk who assigns a case number to the claim. This case number is used by the OALJ to track all incoming evidence and correspondence as well as outgoing decisions and orders. Generally, an Administrative Law Judge (“ALJ”) will be assigned multiple claims to be heard in the same general location. The hearing location in a claim is usually less than 75 miles from the min…
Submission of Evidence
- Generally, soon after the assignment of claims for hearing the presiding ALJ will issue a pre-hearing order. Read this order carefully. It will tell you the hearing date, time, and location. The ALJ who will hear and decide the claim will sign this order. Finally, the order will tell each party when to submit his or her evidence, which may include treatment and hospitalization records, medical opinions, and testing including chest x-ray, blood gas study, and …
The Hearing
- At the hearing, the miner or survivor will usually testify. Testimony generally covers the miner’s employment history as well as his or her physical condition, medical treatment, and any medications he or she has been prescribed. Sometimes a family member or co-worker will testify. Each party must also present any remaining medical evidence for consideration by the ALJ. The hearing usually lasts about one hour. The ALJ’s decision will …
The ALJ’s Decision
- Once the record is closed, the ALJ will write a decision. Again, the ALJ’s decision will be based on testimony at the hearing as well as all documentary evidence admitted at the hearing and any closing arguments by the parties. The ALJ’s decision is de novo, which means that any findings and conclusions made by the district director are not binding on the ALJ. At the end of the decision, you will find a “Notice of Appeal Rights.” Any party that is diss…
The Appeal
- If a party files an appeal with the BRB, then a “Notice of Appeal” will be issued by the BRB advises each party of the time deadlines for submitting arguments on appeal. The BRB may affirm, reverse, or modify the ALJ’s decision, or it may remand the claim to the ALJ for further consideration. The BRB’s decision is the final decision of the Secretary of Labor and any further appeal must be made to the appropriate United States Circuit Court of Appeal…