30 U.S.C. § 923 — Filing of notice of claim

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 Page 187 TITLE 30—MINERAL LANDS AND MINING § 923 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 Sec- retary 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 au- topsy report is not accurate, or that the condi- tion of the miner is being fraudulently misrepre- sented, the Secretary shall accept such autopsy report concerning the presence of pneumo- coniosis and the stage of advancement of pneu- moconiosis. Claimants under this part shall be reimbursed for reasonable medical expenses in- curred 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 So- cial 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 bene- fits 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 sec- tion; 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 clear- ly be futile because the period within which such a claim may be filed thereunder has ex- pired or because pneumoconiosis is not compen- sable under such law, or in any other situation in which, in the opinion of the Secretary, the fil- ing of a claim would clearly be futile. (d) Employment termination and benefits entitle- ment No miner who is engaged in coal mine employ- ment 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 bene- fits pursuant to a claim filed while such miner was engaged in coal mine employment shall be entitled to such benefits if his or her employ- ment terminates within one year after the date such determination becomes final. (Pub. L. 91–173, title IV, § 413, Dec. 30, 1969, 83 Stat. 794; Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), 5(2), May 19, 1972, 86 Stat. 152, 154, 155; Pub. L. 95–239, § 5, Mar. 1, 1978, 92 Stat. 97; Pub. L. 97–119, title II, § 202(a), (c), Dec. 29, 1981, 95 Stat. 1643; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), (b)(2), Nov. 2, 2002, 116 Stat. 1925.) Editorial Notes REFERENCES IN TEXT The effective date of the Black Lung Benefits Amend- ments 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 Amend- ment 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. Title II of this 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. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–275, § 2(a), substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’. Subsec. (b). Pub. L. 107–275, § 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 ben- efit payments under section 223 of the Social Security Act, but no’’. Pub. L. 107–275, § 2(a), substituted ‘‘Secretary has’’ for ‘‘Commissioner of Social Security has’’ in two places and ‘‘Secretary shall’’ for ‘‘Commissioner of Social Se- curity shall’’ in two places. Subsec. (c). Pub. L. 107–275, § 2(a), substituted ‘‘Sec- retary’’ 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, § 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 involv- ing 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, § 5(a), (b), (c), pro- vided 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 pul- monary or respiratory impairment, provided for regula- tions covering roentgenogram techniques, provided for acceptance by the Secretary of an autopsy report con- cerning 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 pul- monary evaluation, and, in the reference to the various subsections of section 405 of Title 42, struck out ref- erence to subsec. (f) and inserted reference to subsec. (n). Subsec. (d). Pub. L. 95–239, § 5(d), added subsec. (d). 1972—Subsec. (a). Pub. L. 92–303, § 5(2), substituted ‘‘1973’’ for ‘‘1972’’. Subsec. (b). Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), inserted provisions making sections 404 to 408 of title 42 applica- ble, and for a more liberal consideration of claims for benefits. Page 188 TITLE 30—MINERAL LANDS AND MINING § 924 Statutory Notes and Related Subsidiaries 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 Pub. L. 92–303, § 1(c)(5)(B), May 19, 1972, 86 Stat. 152, 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] re- cited 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 pro- visions of section of Pub. L. 92–303 retroactively to Dec. 30, 1969.] § 924. Time for filing claims (a) Claims filed before December 31, 1973 (1) No claim for benefits under this part on ac- count of total disability of a miner shall be con- sidered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1973, whichever is the later. (2) In the case of a claim by a child this para- graph shall apply, notwithstanding any other provision of this part. (A) If such claim is filed within six months fol- lowing May 1972, and if entitlement to benefits is established pursuant to such claim, such enti- tlement shall be effective retroactively from De- cember 30, 1969, or from the date such child would have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit pay- ments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be ef- fective for the duration of eligibility during such period. (B) If such claim is filed after six months fol- lowing May 1972, and if entitlement to benefits is established pursuant to such claim, such enti- tlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit pay- ments had section 922(a)(3) of this title been ap- plicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit pay- ments, but was eligible at any period of time during the period from a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be ef- fective for the duration of eligibility during such period. (C) No claim for benefits under this part, in the case of a claimant who is a child, shall be considered unless it is filed within six months after the death of his father or mother (which- ever last occurred) or by December 31, 1973, whichever is the later. (D) Any benefit under subparagraph (A) or (B) for a month prior to the month in which a claim 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 pay- ment for such prior month. (3) No claim for benefits under this part, in the case of a claimant who is a parent, brother, or sister shall be considered unless it is filed within six months after the death of the miner or by December 31, 1973, whichever is the later. (b) Filing of claims after June 30, 1973 No benefits shall be paid under this part after December 31, 1973, if the claim therefor was filed after June 30, 1973. (c) Effective date of claims No benefits under this part shall be payable for any period prior to the date a claim therefor is filed. (d) Reduction of State benefits No benefits shall be paid under this part to the residents of any State which, after December 30, 1969, reduces the benefits payable to persons eli- gible to receive benefits under this part, under its State laws which are applicable to its gen- eral work force with regard to workmen’s com- pensation, unemployment compensation, or dis- ability insurance. (e) Conditions upon payment No benefits shall be payable to a widow, child, parent, brother, or sister under this part on ac- count of the death of a miner unless (1) benefits under this part were being paid to such miner with respect to disability due to pneumoconiosis prior to his death, (2) the death of such miner occurred prior to January 1, 1974, or (3) any such individual is entitled to benefits under para- graph (5) of section 921(c) of this title. (Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3), May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239, § 3(b)(2), Mar. 1, 1978, 92 Stat. 97; 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.)