black lung benefits

• Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits

This document contains proposed regulations implementing amendments to the Black Lung Benefits Act (BLBA or Act) made by the Patient Protection and Affordable Care Act (ACA). The ACA amended the BLBA in two ways. First, it revived a rebuttable presumption of total disability or death due to pneumoconiosis for certain claims. Second, it reinstituted derivative entitlement to benefits for certain eligible survivors of coal miners whose lifetime benefit claims were awarded because they were totally disabled due to pneumoconiosis. These survivors need not also prove that the miner died due to coal workers' pneumoconiosis. The proposed rules would clarify how the statutory presumption may be invoked and rebutted and the application and scope of the derivative-survivor-entitlement provision. ...

• Federal Register Nbr. 77 FR 19456, March 30, 2012
• Proposed rules
• Workers Compensation Programs Office

• Removal of Regulations on Black Lung Benefits

This final rule removes regulations on the Black Lung program from the Social Security Administration's (SSA) chapter of the Code of Federal Regulations (CFR). The Black Lung Consolidation of Administrative Responsibility Act transferred the responsibility for administering Part B of the Black Lung benefits program from SSA to the Department of Labor (DOL), and we are removing the regulations in recognition of the fact that we are no longer responsible for administering any aspect of the Part B Black Lung program. DOL concurs with this final rule removing the regulations.

• Federal Register Nbr. 77 FR 19079, March 30, 2012
• Rules and Regulations
• Social Security Administration

• Report: Miners Struggle for Black Lung Benefits

Coal miners face significant legal and financial barriers when seeking benefits under a federal program designed to help those suffering from black lung, according to a government report released Oct. 30.

• State Journal, The
• November 20, 2009

• Health Bill Speeds Black Lung Benefits, Byrd Says

CHARLESTON, W.Va. -- U.S. Sen. Robert C. Byrd said Monday the health-care reform bill passed by the U.S. House on Sunday will help coal miners with black lung get medical help. The legislation includes provisions Byrd added to facilitate medical help for coal miners suffering from black lung, an often-deadly disease caused by breathing coal and rock dust. Byrd added two provisions to the federal legislation to streamline the application process and provide black lung benefits more quickly:

• Charleston Gazette
• March 24, 2010

• Bill to Address Black Lung Benefits: ; Health Overhaul May Make It Easier for Miners' Widows to Collect the Money Owed to Them

Thousands of coal miners with black lung, or their widows, stand to benefit from a tiny section of the U.S. Senate's massive health care overhaul. Sen. Robert Byrd, D-W.Va., asked for changes to federal law that could make it easier for miners to acquire black lung benefits and for their widows to keep them. Black lung is an irreversible and progressive disease that comes from exposure to underground mine dust.

• Charleston Daily Mail
• January 06, 2010

• 20 CFR 410.704 - Review procedures.

... HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ). Subpart G: Rules for the R...

• Code of Federal Regulations - Title 20: Employees' Benefits

• Union: Black Lung Benefits Easier to Receive Under New Health Bill

Coal miners disabled by black lung disease will have an easier time collecting benefits because of provisions in the new health- care reform law signed Tuesday by President Obama, according to the United Mine Workers. The union said the legislation restores fairness to a system that made it difficult for miners to obtain benefits. Companies that want to challenge a miner who has worked for at least 15 years and is totally disabled from lung disease, now must prove that the miner either does not have black lung disease or did not become disabled as a result of his job.

• Tribune - Review / Pittsburgh Tribune - Review
• March 24, 2010

• Black Lung Benefits: ; Higher Rates Are Under Review; Black Lung Insurance Premiums Were Set to Rise by More Than 44 Percent

An increase in black lung insurance premiums expected to take effect July 1 is on hold while the state's rating agent reviews supporting data. Premiums were set to go up because of changes in the federal black lung benefits program that Sen. Robert Byrd, D-W.Va., wrote into the national health care reform law. The changes authored by Byrd make it easier to get benefits.

• Charleston Daily Mail
• June 15, 2010

• 20 CFR 422.512 - Applications and related forms used in the black lung benefits program.

• Code of Federal Regulations - Title 20: Employees' Benefits

• Miner Advocate Pushed for Black Lung Benefits

The Associated Press BRISTOL

• The Virginian-Pilot and The Ledger-Star, Norfolk, VA
• July 15, 2009