Coal Mine Workers' Compensation (17.307)

Program

17.307 Coal Mine Workers' Compensation

Federal Agency

Agency: Department of Labor
Office: Employment Standards Administration

Authorization

Black Lung Benefits Act, as amended, 30 U.S.C 901 et seq.

Program Number

17.307

Last Known Status

Active

Objectives

To provide benefits to coal miners who have become totally disabled due to coal workers' pneumoconiosis (CWP), and to widows and other surviving dependents of miners who have died of this disease.

Types of Assistance

DIRECT PAYMENTS WITH UNRESTRICTED USE

Uses and Use Restrictions

Monthly cash benefits are paid to coal miners disabled from coal workers' pneumoconiosis and to widows and other survivors of miners who have died of this disease. There are no restrictions on the use of these benefits by a beneficiary. Medical payments for treatment related to coal workers' pneumoconiosis are available to miners only after January 1, 1974.

Eligibility Requirements

Applicant Eligibility

Beneficiary Eligibility

Disabled coal miners, widows and other surviving dependents of the deceased.

Credentials/Documentation

The miner (including some workers involved in coal transportation in and around mines and coal mine construction workers) must have worked in the Nation's coal mines or a coal preparation facility and become "totally disabled" (as defined in the Act) from pneumoconiosis. The applicant may be able to work in areas other than coal mines and still be eligible for benefits. Benefits to miner shall be reduced on account of excess earnings as determined under sections 203(b) through (1) of the Social Security Act for claims filed on or after January 1, 1982. Widows and other surviving dependents of coal miners whose death resulted from coal workers' pneumoconiosis are also eligible for benefits with earnings offsets applicable to certain classes of dependents. Applicants can reside anywhere in the world at the time they apply. Medical tests, at Department of Labor expense, which include an x-ray, pulmonary function study, physical examination, and blood gas tests. Proof of work in or around a coal mine or coal preparation facility. Also proof of death, relationship and dependency required for widows and other survivors applying. Identification of a responsible mine operator is made as specified in regulations published in the Code of Federal Regulations (20 CFR 725). This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Applicants are required to state on the claim form whether a claim for disability benefits due to the same condition has been filed under any State or other Federal workers' compensation law. Benefits received as a result of such a claim could be offset against Federal benefits. This program is excluded from coverage under E.O. 12372. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Telephone, write-in, or visit the local Division of Coal Mine Workers' Compensation district or local office listed in Appendix IV of the Catalog.

Award Procedure

After review of the application is completed, the applicant will be notified by mail.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

From 2 months to 8 months for initial findings depending on availability of supporting evidence. A miner must file a claim for benefits within 3 years after a medical determination of total disability due to pneumoconiosis or within 3 years after the date of enactment of Public Law 95-239, whichever comes later, (Black Lung Benefits Reform Act of 1977). There are no time limitations for dependent survivors to file claims.

Appeals

Notify Office of Workers' Compensation Programs (OWCP), Employment Standards Administration. The appeal process includes formal hearings, Benefits Review Board consideration, and review by Federal courts, as appropriate.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

The period of total disability with no monetary limit. Death: Spouse - until death or remarriage; children - until age 18 or to age 23 if qualified as a student as defined by the Act unless under a disability as defined in Section 223(d) of the Social Security Act, 42 U.S.C. 423(d). Employers or their insurance carriers are required to begin compensation within 30 days of the initial determination of eligibility. See the following for information on how assistance is awarded/released: Payments are disbursed on a monthly basis.

Post Assistance Requirements

Reports

Audits

Not Applicable.

Records

Any change in an eligibility requirement or in a factor affecting the amount of benefits, such as, State workers' compensation awards, or change in status of a dependent, must be reported to the Office of Workers' Compensation Programs when it occurs.

Program Accomplishments

Not Applicable.

Financial Information

Account Identification

20-8144-0-7-601.

Obligations

(Direct Payments with Unrestricted Use) FY 08 $530,437,962; FY 09 est $500,317,000; FY 10 est $461,605,000 - These are benefits for both Parts B & C of the program.

Range and Average of Financial Assistance

On January 1, 2009, new monthly rates went into effect for Black Lung benefits that included a 2.9 percent increase over the 2008 benefit amounts. The new rates are as follows: PART B MONTHLY BENEFITS RATES (claims approved by the Social Security Administration - payments received around the 3rd of each month): Primary beneficiary: $616.00, Primary beneficiary and one dependent: $924.00, Primary beneficiary and two dependents: $1,078.00, Primary beneficiary and three or more dependents: $1,232.00. PART C BLACK LUNG MONTHLY BENEFIT RATES (claims approved by the Department of Labor - payments received around the 15th of each month): Primary beneficiary: $616.30, Primary beneficiary and one dependent: $924.50, Primary beneficiary and two dependents: $1,078.50, Primary beneficiary and three or more dependents: $1,232.60.

Regulations, Guidelines and Literature

Code of Federal Regulations, Title 20, Parts 410.401 et seq., 718, 722, 725, 726, and 727. "Black Lung Benefits," Fact Sheet No. ESA 91-14.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs (OWCP), Division of Coal Mine Workers' Compensation (DCMWC).

Headquarters Office

James L. DeMarce, Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation, 200 Constitution Avenue NW, Washington, District of Columbia 20210 Email: Demarce.James@dol.gov Phone: (202) 693-0850

Web Site Address

http://www.dol.gov/esa/owcp/dcmwc/index.htm

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.