“A bill to amend the Black Lung Benefits Act to ease the benefits process for survivors of miners whose deaths were due to pneumoconiosis.”
No CRS summary available for this bill.
This section revises rebuttable presumptions under the Black Lung Benefits Act (BLBA) for survivor benefits related to a deceased miner's death due to pneumoconiosis. (1) It strengthens the presumption in section 411(c)(2) for miners employed 10 or more years in coal mines who die from a respiratory disease (previously "respirable disease") by removing the prior bar on claims filed under part C on or after the effective date of the Black Lung Benefits Amendments of 1981 and requiring rebuttal only by proof that no part of the death was caused by pneumoconiosis. (2) It adds a new rebuttable presumption in section 411(c)(6) that a deceased miner totally disabled by pneumoconiosis (but not qualifying for the irrebuttable presumption under 411(c)(3)) died due to pneumoconiosis, rebuttable only by proof that no part of the death was caused by it. These presumption changes apply to part C claims filed on or after five years before enactment that are pending on or after enactment. This section restores pre-1981 BLBA eligibility provisions in sections 401(a) and 411(a) by including benefits for deaths of miners totally disabled by pneumoconiosis at time of death without the prior exception for part C claims filed on or after the 1981 amendments; these changes apply to part C claims filed on or after five years before enactment that are pending on or after enactment. (Thus, survivors may now more readily qualify for benefits in such claims.) This section establishes a program, to be implemented within 180 days of enactment, to pay from the Black Lung Disability Trust Fund approved attorneys' fees (up to $1,500 by district directors and $3,000 by administrative law judges, with a $4,500 total cap per qualifying claim) and reasonable unreimbursed medical expenses (up to $1,500 each by district directors and administrative law judges, with a $3,000 total cap per qualifying claim) for contested claims without a final order within one year of filing. Liable operators must reimburse the fund for such payments upon a final award of compensation.
This section directs the Comptroller General of the United States to conduct three reviews related to the Black Lung Benefits Act—which provides monthly benefits to coal miners totally disabled by black lung disease (pneumoconiosis) and their survivors—and to submit reports to Congress on the results not later than one year after enactment of this Act: (1) a review of interim benefit payments to claimants awaiting final determinations, including the financial impact of recoupment on denied claimants, the stress caused by recoupment or its threat, and the cost to the federal government and taxpayers; (2) a review of benefit payment adequacy to cover miners' and survivors' expenses, the economic impact of increasing payments, and recommendations on appropriate payment amounts; and (3) a review of the impact of a potential regulatory change allowing survivors to file subsequent claims after a final benefits determination.