US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 30USC923]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
    Part B--Claims for Benefits Filed on or Before December 31, 1973
 
Sec. 923. Filing of notice of claim


(a) Promulgation of regulations; time requirement

    Except as otherwise provided in section 924 of this title, no 
payment of benefits shall be made under this part except pursuant to a 
claim filed therefor on or before December 31, 1973, in such manner, in 
such form, and containing such information, as the Secretary shall by 
regulation prescribe.

(b) Utilization of personnel and procedures; evidence required to 
        establish claim; medical evidence; affidavits; autopsy reports; 
        reimbursement of expenses

    No claim for benefits under this part shall be denied solely on the 
basis of the results of a chest roentgenogram. In determining the 
validity of claims under this part, all relevant evidence shall be 
considered, including, where relevant, medical tests such as blood gas 
studies, X-ray examination, electrocardiogram, pulmonary function 
studies, or physical performance tests, and any medical history, 
evidence submitted by the claimant's physician, or his wife's 
affidavits, and in the case of a deceased miner, other appropriate 
affidavits of persons with knowledge of the miner's physical condition, 
and other supportive materials. Where there is no medical or other 
relevant evidence in the case of a deceased miner, such affidavits, from 
persons not eligible for benefits in such case with respect to claims 
filed on or after the effective date of the Black Lung Benefits 
Amendments of 1981, shall be considered to be sufficient to establish 
that the miner was totally disabled due to pneumoconiosis or that his or 
her death was due to pneumoconiosis. In any case, other than that 
involving a claim filed on or after the effective date of the Black Lung 
Benefits Amendments of 1981, in which there is other evidence that a 
miner has a pulmonary or respiratory impairment, the Secretary shall 
accept a board certified or board eligible radiologist's interpretation 
of a chest roentgenogram which is of a quality sufficient to demonstrate 
the presence of pneumoconiosis submitted in support of a claim for 
benefits under this subchapter if such roentgenogram has been taken by a 
radiologist or qualified technician, except where the Secretary has 
reason to believe that the claim has been fraudulently represented. In 
order to insure that any such roentgenogram is of adequate quality to 
demonstrate the presence of pneumoconiosis, and in order to provide for 
uniform quality in the roentgenograms, the Secretary of Labor may, by 
regulation, establish specific requirements for the techniques used to 
take roentgenograms of the chest. Unless the Secretary has good cause to 
believe that an autopsy report is not accurate, or that the condition of 
the miner is being fraudulently misrepresented, the Secretary shall 
accept such autopsy report concerning the presence of pneumoconiosis and 
the stage of advancement of pneumoconiosis. Claimants under this part 
shall be reimbursed for reasonable medical expenses incurred by them in 
establishing their claims. For purposes of determining total disability 
under this part, the provisions of subsections (a), (b), (c), (d), and 
(g) of section 221 of such Act [42 U.S.C. 421(a) to (d), (g)] shall be 
applicable. The provisions of sections 204, 205(a), (b), (d), (e), (g), 
(h), (j), (k), (l), and (n), 206, 207, and 208 of the Social Security 
Act [42 U.S.C. 404, 405(a), (b), (d), (e), (g), (h), (j), (k), (l), and 
(n), 406, 407, 408] shall be applicable under this part with respect to 
a miner, widow, child, parent, brother, sister, or dependent, as if 
benefits under this part were benefits under title II of such Act [42 
U.S.C. 401 et seq.]. Each miner who files a claim for benefits under 
this subchapter shall upon request be provided an opportunity to 
substantiate his or her claim by means of a complete pulmonary 
evaluation.

(c) Filing of claim for workmen's compensation; necessity; exceptions

    No claim for benefits under this section shall be considered unless 
the claimant has also filed a claim under the applicable State workmen's 
compensation law prior to or at the same time his claim was filed for 
benefits under this section; except that the foregoing provisions of 
this paragraph shall not apply in any case in which the filing of a 
claim under such law would clearly be futile because the period within 
which such a claim may be filed thereunder has expired or because 
pneumoconiosis is not compensable under such law, or in any other 
situation in which, in the opinion of the Secretary, the filing of a 
claim would clearly be futile.

(d) Employment termination and benefits entitlement

    No miner who is engaged in coal mine employment shall (except as 
provided in section 921(c)(3) of this title) be entitled to any benefits 
under this part while so employed. Any miner who has been determined to 
be eligible for benefits pursuant to a claim filed while such miner was 
engaged in coal mine employment shall be entitled to such benefits if 
his or her employment terminates within one year after the date such 
determination becomes final.

(Pub. L. 91-173, title IV, Sec. 413, Dec. 30, 1969, 83 Stat. 794; Pub. 
L. 92-303, Secs. 1(c)(5)(A), 4(f), 5(2), May 19, 1972, 86 Stat. 152, 
154, 155; Pub. L. 95-239, Sec. 5, Mar. 1, 1978, 92 Stat. 97; Pub. L. 97-
119, title II, Sec. 202(a), (c), Dec. 29, 1981, 95 Stat. 1643; Pub. L. 
103-296, title I, Sec. 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 
107-275, Sec. 2(a), (b)(2), Nov. 2, 2002, 116 Stat. 1925.)

                       References in Text

    The effective date of the Black Lung Benefits Amendments of 1981, 
referred to in subsec. (b), is Jan. 1, 1982, except as otherwise 
provided. See section 206(a) of Pub. L. 97-119, set out as an Effective 
Date of 1981 Amendment note under section 901 of this title.
    The Social Security Act, referred to in subsec. (b), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Title II of this Act is 
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of 
Title 42, The Public Health and Welfare. For complete classification of 
this Act to the Code, see section 1305 of Title 42 and Tables.


                               Amendments

    2002--Subsec. (a). Pub. L. 107-275, Sec. 2(a), substituted 
``Secretary'' for ``Commissioner of Social Security''.
    Subsec. (b). Pub. L. 107-275, Sec. 2(b)(2), substituted ``No'' for 
``In carrying out the provisions of this part, the Commissioner of 
Social Security shall to the maximum extent feasible (and consistent 
with the provisions of this part) utilize the personnel and procedures 
he uses in determining entitlement to disability insurance benefit 
payments under section 223 of the Social Security Act, but no''.
    Pub. L. 107-275, Sec. 2(a), substituted ``Secretary has'' for 
``Commissioner of Social Security has'' in two places and ``Secretary 
shall'' for ``Commissioner of Social Security shall'' in two places.
    Subsec. (c). Pub. L. 107-275, Sec. 2(a), substituted ``Secretary'' 
for ``Commissioner of Social Security''.
    1994--Subsecs. (a) to (c). Pub. L. 103-296 substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever 
appearing, except in reference to Secretary of Labor.
    1981--Subsec. (b). Pub. L. 97-119, Sec. 202(a), (c), inserted ``, 
from persons not eligible for benefits in such case with respect to 
claims filed on or after the effective date of the Black Lung Benefits 
Amendments of 1981,'' after ``such affidavits'' and ``, other than that 
involving a claim filed on or after the effective date of the Black Lung 
Benefits Amendments of 1981,'' after ``In any case''.
    1978--Subsec. (b). Pub. L. 95-239, Sec. 5(a), (b), (c), provided 
that, in the case of a deceased miner where there is no medical or other 
relevant evidence, the affidavits be considered sufficient to establish 
that the miner was totally disabled due to pneumoconiosis or that death 
was due to pneumoconiosis, directed the Secretary to accept a board 
certified or board eligible radiologist's interpretation of a chest 
roentgenogram in cases in which there is other evidence that a miner has 
a pulmonary or respiratory impairment, provided for regulations covering 
roentgenogram techniques, provided for acceptance by the Secretary of an 
autopsy report concerning the presence of pneumoconiosis and the stage 
of advancement of that pneumoconiosis, directed that each miner who 
files a claim for benefits under this subchapter be provided upon 
request an opportunity to substantiate the claim by means of a complete 
pulmonary evaluation, and, in the reference to the various subsections 
of section 405 of Title 42, struck out reference to subsec. (f) and 
inserted reference to subsec. (n).
    Subsec. (d). Pub. L. 95-239, Sec. 5(d), added subsec. (d).
    1972--Subsec. (a). Pub. L. 92-303, Sec. 5(2), substituted ``1973'' 
for ``1972''.
    Subsec. (b). Pub. L. 92-303, Secs. 1(c)(5)(A), 4(f), inserted 
provisions making sections 404 to 408 of title 42 applicable, and for a 
more liberal consideration of claims for benefits.


                    Effective Date of 2002 Amendment

    Amendments by Pub. L. 107-275 effective 90 days after Nov. 2, 2002, 
see section 4 of Pub. L. 107-275, set out as a note under section 902 of 
this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as 
otherwise provided, see section 206(a) of Pub. L. 97-119, set out as a 
note under section 901 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section 
20(a) of Pub. L. 95-239, set out as a note under section 901 of this 
title.


                    Effective Date of 1972 Amendment

    Amendment by section 4(f) of Pub. L. 92-303 effective Dec. 30, 1969, 
see section 4(g) of Pub. L. 92-303, set out as a note under section 921 
of this title.


      Effective Date for the Application of Section 405 of Title 42

    Section 1(c)(5)(B) of Pub. L. 92-303 provided that: ``Only section 
205(b), (g), and (h) of those sections of the Social Security Act 
[section 405(b), (g), and (h) of Title 42, The Public Health and 
Welfare] recited in subparagraph (A) of this paragraph [amending this 
section] shall be effective as of the date provided in subsection (d) of 
this section.''
    [There is no subsec. (d) in section 1 of Pub. L. 92-303 as it was 
enacted. However, Senate Report No. 92-743, at page 30, refers to such a 
subsec. (d) applying the provisions of section of Pub. L. 92-303 
retroactively to Dec. 30, 1969.]

                  Section Referred to in Other Sections

    This section is referred to in section 902 of this title; title 31 
section 3716.