Information for Black Lung Claimants (2024)

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 surviving children may also file claims for monthly compensation benefits if black lung disease has caused, or sufficiently contributed to, a miner’s death.

In 2010, as part of the Patient Protection and Affordable Care Act, Public Law No. 111-148, § 1556(b), Congress further provided that an eligible survivor of a miner who was determined eligible to receive benefits at the time of his or her death is automatically entitled to receive benefits, and thus does not have to establish that the miner’s death was due to coal workers’ pneumoconiosis.

Initially, the miner or survivor must file a completed claim form and employment history form at the district director’s office nearest to his or her residence. To locate the nearest district director’s office, go to the DCMWC Offices page.

The district director schedules the miner for a physical examination, coordinates the collection of evidence (including hospitalization and treatment records), and investigates the miner’s employment history to determine which employer will be responsible for the payment of any benefits. The district director will then issue a proposed decision and order based on the evidence collected. Any dissatisfied party may request a hearing within 30 days of the date of the proposed decision and order.

If a hearing is requested, then the claim is referred to the Office of Administrative Law Judges (“OALJ”).

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 important that you do so as quickly as possible. Your representative will need time to prepare your case and enter an appearance on your behalf.

The OALJ is prohibited by law from appointing an attorney to represent you; similarly, we cannot make a referral to an attorney. See 29 CFR 18.1. The Legal Services Corporation has information on low-cost legal services. The American Bar Association maintains a list of lawyer referral contacts. This notice contains the names, addresses, and phone numbers of black lung clinics and district directors’ offices across the country as well as information pertaining to the black lung clinical program of a law school. You may, for example, contact the district director’s office where you initially filed your claim for the names of possible lawyers who may represent you. The links in this notice are provided for informational purposes only. The Department of Labor does not endorse or warrant the performance of any particular organization, lawyer, lay representative, or law firm.

You may also elect to use a “lay representative,” someone who is not licensed to practice law, to represent you or you may choose to appear and represent yourself. As with attorneys, a lay representative is not entitled to fees unless you are awarded black lung benefits. However, there is one important distinction between attorneys and lay representatives. 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.

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 miner’s or survivor’s residence. The ALJ will travel to that location for the hearing.

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 pulmonary function study reports.

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 be based on testimony at the hearing as well as the evidence admitted at the hearing.

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 dissatisfied with the ALJ’s decision may file an appeal with the Benefits Review Board (“BRB”).

The length of the hearing process and the time it takes for an ALJ to issue a decision in your case will depend on how complex the case is and the volume of cases pending on the ALJ’s docket.

Public access

Hearings at the OALJ are open to the public. The ALJ decisions are posted on the OALJ website.

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 Appeals, and thereafter to the United States Supreme Court.

Information for Black Lung Claimants (2024)

FAQs

Who qualifies for black lung benefits? ›

The Black Lung benefit program established by the Federal Coal Mine Health and Safety Act of 1969 provides monthly benefit payments to coal miners totally disabled as a result of pneumoconiosis, to the widows of coal miners who died as a result of pneumoconiosis, and to their dependents.

Can you get black lung benefits and social security? ›

Over 75 percent of all those awarded miners' black lung benefits are also receiving social security disability, re- tirement, or survivor benefits. Generally speak- ing, this means the black lung beneficiary gets both types of benefits in full.

What is the life expectancy of someone with black lung? ›

You'll have the condition for the rest of your life. If you have complicated black lung disease, you'll likely have more symptoms and require more frequent visits to the doctor. You may need supplemental oxygen. Overall, research shows that black lung disease decreases life expectancy by about 12.6 years.

How much money do you get for a black lung? ›

Division of Coal Mine Workers' Compensation (DCMWC)
ClaimBenefit Rate
Primary beneficiary$772.60
Primary beneficiary and one dependent$1,158.90
Primary beneficiary and two dependents$1,352.00
Primary beneficiary and three or more dependents$1,545.20

What qualifies you for black lungs? ›

Under the black lung program, a claimant must meet three general conditions in order for the application to be approved: (1) the miner must have (or, if deceased, must have had) pneumoconiosis; (2) the miner must be totally disabled by the disease (or must have been to- tally disabled by it at the time of death); and ( ...

What lung conditions qualify for disability? ›

Disorders such as Chronic Obstructive Pulmonary Disease (COPD), asthma, cystic fibrosis, interstitial lung disease, and lung cancer not only significantly impair your ability to breathe but also meet the criteria for Social Security Disability Insurance (SSDI).

What are the new black lung laws? ›

Black Lung Benefits Improvement Act of 2021

The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year.

What is the difference between state and federal black lung? ›

For state claims, you can only file once. Federal law says that you can file as many times as you want, and the government will pay for it. Federal claims do not have attorney fees. The coal company or insurance company pays on your behalf.

Is Medicare secondary to black lung benefits? ›

Medicare Secondary Payer (MSP) is the term generally used when Medicare is not responsible for paying a claim first. When Medicare began in 1966, it was the primary payer for all claims except for those covered by workers' compensation, Federal Black Lung benefits, and Veterans Affairs (VA) benefits.

How fast does black lung progress? ›

Symptoms of black lung disease can take years to develop. In early stages, the most common symptoms are cough, shortness of breath and chest tightness. Sometime the coughing may bring up black sputum (mucus).

What medication is used for black lung disease? ›

Indacaterol is a long-acting beta2-agonist (LABA) indicated for long-term, once-daily maintenance bronchodilator treatment of airflow obstruction in patients with chronic obstructive pulmonary disease (COPD), including chronic bronchitis and/or emphysema.

How do you test for black lung disease? ›

Doctors will use several pieces of information to diagnose black lung disease. They'll look at your medical history and ask you details about your exposure to coal dust. Your doctor likely will order a chest X-ray, CT scan, or both to see if there are any spots or masses on your lungs or signs of inflammation.

How do you win black lung benefits? ›

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.

Can you get a lung transplant for black lung? ›

In rare, very severe cases, a lung transplant may be recommended. Avoiding further exposure and avoiding other irritants, such as cigarette smoke, is crucial.

Is black lung terminal? ›

Black lung was denied as a real disease until established by crusading doctors after midcentury. A 1954 scholarly article by West Virginia physician Joseph E. Martin Jr. insisted that black lung was indeed a progressive, terminal disease associated with exposure to coal dust.

Does a surviving spouse get black lung benefits? ›

(SURVIVOR) 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.

What are medicare black lung benefits? ›

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, they may submit a claim to Medicare.

Does lung scarring qualify for disability? ›

A person diagnosed with pulmonary fibrosis is often unable to work due to a number of severe symptoms, such as shortness of breath, fatigue, and complications due to medications. If you have been diagnosed with pulmonary fibrosis, you may be eligible for long-term disability benefits.

References

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