30 U.S.C. § 922 — Payment of benefits

Page 184 TITLE 30—MINERAL LANDS AND MINING § 922 modified, superseded, terminated, or otherwise de- prived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. ‘‘(C) Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and condi- tions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. ‘‘(3) Any proceeding before the Secretary of Labor involving the functions transferred by this Act shall be subject to the statutory requirements for notice, hearing, action upon the record, administrative re- view, and judicial review that apply to similar pro- ceedings before the Commissioner conducted prior to the enactment of this Act. ‘‘(e) CONTINUATION OF ACTIONS AND CAUSES OF AC- TION.— ‘‘(1) Except as provided in paragraphs (2) and (3), this Act shall not abrogate, terminate, or otherwise affect any action or cause of action, that— ‘‘(A) relates to a function transferred by this Act; and ‘‘(B) is pending or otherwise in existence on the date this Act takes effect [see Effective Date of 2002 Amendment note set out under section 902 of this title]. ‘‘(2) Any action pending before the Commissioner or any court on the date this Act takes effect that in- volves a function transferred by this Act shall con- tinue before the Commissioner or court consistent with the following provisions: ‘‘(A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted. ‘‘(B) Any decision, order, or other determination issued in any proceeding subject to this paragraph shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modi- fied, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. ‘‘(3) Any cause of action by or against the Commis- sioner that exists on the date this Act takes effect and involves any function transferred by this Act may be asserted by or against the Secretary of Labor or the United States. ‘‘(f) CONTINUATION OF ACTIONS AGAINST OFFICERS.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Social Security Administration, and relating to a function transferred by this Act, shall abate by rea- son of the enactment of this Act. No cause of action by or against the Social Security Administration, or by or against any officer thereof in his official capacity, re- lating to a function transferred by this Act, shall abate by reason of enactment of this Act. ‘‘(g) PRESERVATION OF PENALTIES, ETC.—The transfer of functions under this Act shall not release or extin- guish any penalty, forfeiture, liability, prosecution, in- vestigation, or right to initiate a future investigation or prosecution involving any function transferred by this Act.’’ § 922. Payment of benefits (a) Schedules Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary under this part as follows: (1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability at a rate equal to 371⁄2 per centum of the monthly pay rate for Federal employees in grade GS–2, step 1. (2) In the case of death of a miner due to pneu- moconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner receiving bene- fits under this part, benefits shall be paid to his widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled. (3) In the case of the child or children of a miner whose death is due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner who is receiving benefits under this part at the time of his death or who was to- tally disabled by pneumoconiosis at the time of his death, in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, and in the case of any child or children entitled to the payment of benefits under paragraph (5) of section 921(c) of this title, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified in paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such chil- dren: Provided, That benefits shall only be paid to a child for so long as he meets the criteria for the term ‘‘child’’ contained in section 902(g) of this title: And provided further, That no entitle- ment to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is es- tablished under paragraph (2). (4) In the case of an individual entitled to ben- efit payments under clause (1) or (2) of this sub- section who has one or more dependents, the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one dependent, 75 per cen- tum if such individual has two dependents, and 100 per centum if such individual has three or more dependents. (5) In the case of the dependent parent or par- ents of a miner whose death is due to pneumo- coniosis, or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner who is receiving benefits under this part at the time of his death or who was totally disabled by pneumoconiosis at the time of death, and who is not survived at the time of his death by a widow or a child, in the case of the dependent surviving brother(s) or sister(s) of such a miner who is not survived at the time of his death by a widow, child, or par- ent, in the case of the dependent parent or par- ents of a miner (who is not survived at the time of his or her death by a widow or a child) who are entitled to the payment of benefits under paragraph (5) of section 921(c) of this title, or in the case of the dependent surviving brother(s) or sister(s) of a miner (who is not survived at the time of his or her death by a widow, child, or parent) who are entitled to the payment of bene- fits under paragraph (5) of section 921(c) of this title, benefits shall be paid under this part to Page 185 TITLE 30—MINERAL LANDS AND MINING § 922 such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent(s) or such brother(s) or sister(s), were the children of such miner). In determining for pur- poses of this paragraph whether a claimant bears the relationship as the miner’s parent, brother, or sister, the Secretary shall apply legal standards consistent with those applicable to relationship determination under title II of the Social Security Act [42 U.S.C. 401 et seq.]. No benefits to a sister or brother shall be pay- able under this paragraph for any month begin- ning with the month in which he or she receives support from his or her spouse, or marries. Bene- fits shall be payable under this paragraph to a brother only if he is— (1)(A) under eighteen years of age, or (B) under a disability as defined in section 223(d) of the Social Security Act [42 U.S.C. 423(d)] which began before the age specified in section 202(d)(1)(B)(ii) of such Act [42 U.S.C. 402(d)(1)(B)(ii)], or in the case of a student, be- fore he ceased to be a student, or (C) a student as defined in section 902(g) of this title; or (2) who is, at the time of the miner’s death, disabled as determined in accordance with sec- tion 223(d) of the Social Security Act [42 U.S.C. 423(d)], during such disability. Any ben- efit under this paragraph for a month prior to the month in which a claim for such benefit is filed shall be reduced to any extent that may be necessary, so that it will not render erro- neous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior months. As used in this paragraph, ‘‘dependent’’ means that dur- ing the one year period prior to and ending with such miner’s death, such parent, brother, or sister was living in the miner’s household, and was, during such period, totally dependent on the miner for support. Proof of such sup- port shall be filed by such claimant within two years after May 1972, or within two years after the miner’s death, whichever is the later. Any such proof which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof within such period. The determination of what con- stitutes ‘‘living in the miner’s household’’, ‘‘totally dependent upon the miner for sup- port,’’ and ‘‘good cause,’’ shall for purposes of this paragraph be made in accordance with regulations of the Secretary. Benefit pay- ments under this paragraph to a parent, broth- er, or sister, shall be reduced by the amount by which such payments would be reduced on account of excess earnings of such parent, brother, or sister, respectively, under section 203(b)–(l) of the Social Security Act [42 U.S.C. 403(b)–(l)], as if the benefit under this para- graph were a benefit under section 202 of such Act [42 U.S.C. 402]. (6) If an individual’s benefits would be in- creased under paragraph (4) of this subsection because he or she has one or more dependents, and it appears to the Secretary that it would be in the interest of any such dependent to have the amount of such increase in benefits (to the extent attributable to such dependent) certified to a person other than such individual, then the Secretary may, under regulations prescribed by him, certify the amount of such increase in ben- efits (to the extent so attributable) not to such individual but directly to such dependent or to another person for the use and benefit of such dependent; and any payment made under this clause, if otherwise valid under this subchapter, shall be a complete settlement and satisfaction of all claims, rights, and interests in and to such payment. (b) Reduction of benefits Notwithstanding subsection (a), benefit pay- ments under this section to a miner or his widow, child, parent, brother, or sister shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment re- ceived by such miner or his widow, child, parent, brother, or sister under the workmen’s com- pensation, unemployment compensation, or dis- ability insurance laws of his State on account of the disability of such miner due to pneumo- coniosis, and the amount by which such pay- ment would be reduced on account of excess earnings of such miner under section 203(b) through (l) of the Social Security Act [42 U.S.C. 403(b) to (l)] if the amount paid were a benefit payable under section 202 of such Act [42 U.S.C. 402]. This part shall not be considered a work- men’s compensation law or plan for purposes of section 224 of such Act [42 U.S.C. 424a]. (c) Reporting of income Benefits payable under this part shall be deemed not to be income for purposes of the In- ternal Revenue Code of 1986. (Pub. L. 91–173, title IV, § 412, Dec. 30, 1969, 83 Stat. 794; Pub. L. 92–303, §§ 1(b)(1), (2), (c)(1), 2(a), May 19, 1972, 86 Stat. 150, 151, 153; Pub. L. 95–239, §§ 3(b)(1), 4, Mar. 1, 1978, 92 Stat. 96, 97; Pub. L. 97–119, title II, § 203(a)(1)–(3), (d), Dec. 29, 1981, 95 Stat. 1643, 1644; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.) Editorial Notes REFERENCES IN TEXT Grade GS–2, referred to in subsec. (a)(1), is contained in the General Schedule which is set out under section 5332 of Title 5, Government Organization and Employ- ees. The effective date of the Black Lung Benefits Amend- ments of 1981, referred to in subsec. (a)(2), (3), and (5), 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. (a)(5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of that Act is classified generally to subchapter II (§ 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. The Internal Revenue Code of 1986, referred to in sub- sec. (c), is classified to Title 26, Internal Revenue Code. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–275 substituted ‘‘Sec- retary’’ for ‘‘Commissioner of Social Security’’ wher- ever appearing. Page 186 TITLE 30—MINERAL LANDS AND MINING § 923 1994—Subsec. (a). Pub. L. 103–296 substituted ‘‘Com- missioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1981—Subsec. (a)(1). Pub. L. 97–119, § 203(d), sub- stituted ‘‘371⁄2 per centum of the monthly pay rate for Federal employees in grade GS–2, step 1’’ for ‘‘50 per centum of the minimum monthly payment to which a Federal employee in grade GS–2, who is totally dis- abled, is entitled at the time of payment under chapter 81 of title 5’’. Subsec. (a)(2). Pub. L. 97–119, § 203(a)(1), inserted ‘‘, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Amendments of 1981,’’ after ‘‘pneumo- coniosis or’’. Subsec. (a)(3). Pub. L. 97–119, § 203(a)(2), inserted ‘‘, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,’’ after ‘‘pneu- moconiosis or’’ and substituted ‘‘time of his death or’’ for ‘‘time of his death, or’’. Subsec. (a)(5). Pub. L. 97–119, § 203(a)(3), inserted ‘‘, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,’’ after ‘‘pneu- moconiosis, or’’ and substituted ‘‘time of his death or who was totally’’ for ‘‘time of his death, or of a miner who was totally’’. 1978—Subsec. (a)(3). Pub. L. 95–239, § 3(b)(1)(A), in- serted reference to any child or children entitled to the payment of benefits under paragraph (5) of section 921(c) of this title. Subsec. (a)(5). Pub. L. 95–239, § 3(b)(1)(B), inserted ref- erences to the payment of benefits under par. (5) of sec- tion 921(c) of this title. Subsec. (b). Pub. L. 95–239, § 4, substituted ‘‘on ac- count of the disability of such miner due to pneumo- coniosis’’ for ‘‘on account of the disability of such miner’’. 1972—Subsec. (a)(3), (4). Pub. L. 92–303, § 1(b)(1), added par. (3) and redesignated former par. (3) as par. (4). Subsec. (a)(5), (6). Pub. L. 92–303, § 1(b)(2), added pars. (5) and (6). Subsec. (b). Pub. L. 92–303, §§ 1(c)(1), 2(a), substituted ‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’ wherever appearing, and inserted provision that this part would not be considered as a workmen’s compensa- tion law or plan for purposes of section 224 of such Act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment 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 Pub. L. 92–303, § 2(b), May 19, 1972, 86 Stat. 153, pro- vided that: ‘‘The amendment made by this section [amending this section] shall be effective as of Decem- ber 30, 1969.’’ CALCULATION OF MONTHLY BENEFIT PAYMENTS Pub. L. 103–333, title V, § 512, Sept. 30, 1994, 108 Stat. 2573, provided that: ‘‘Notwithstanding any other provi- sion of law, monthly benefit rates during fiscal year 1995 and thereafter under part B or part C of the Black Lung Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] shall continue to be based on the benefit rates in effect in September, 1994 and be paid in accordance with the Act, until exceeded by the benefit rate specified in sec- tion 412(a)(1) of the Act [30 U.S.C. 922(a)(1)].’’ Pub. L. 103–112, title V, § 508(a), Oct. 21, 1993, 107 Stat. 1113, provided that: ‘‘Notwithstanding any other provi- sion of law, monthly benefit payments under part B or part C of the Black Lung Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] for months after December 1993 and be- fore October 1994 shall be calculated as though the pro- visions of Federal law prescribing pay rates for Federal employees continued in effect, without amendment to or limitation of such provisions, after January 1993.’’ § 923. Filing of notice of claim (a) Promulgation of regulations; time require- ment 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 in- formation, as the Secretary shall by regulation prescribe. (b) Utilization of personnel and procedures; evi- dence required to establish claim; medical evidence; affidavits; autopsy reports; reim- bursement 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 valid- ity of claims under this part, all relevant evi- dence shall be considered, including, where rel- evant, medical tests such as blood gas studies, X-ray examination, electrocardiogram, pul- monary function studies, or physical perform- ance 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 condi- tion, 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 to- tally 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 ac- cept a board certified or board eligible radiolo- gist’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 sub- chapter if such roentgenogram has been taken by a radiologist or qualified technician, except