Skip to main content
HR 694 102th Congress House Labor and Employment Administrative procedure Black lung Claims Coal Department of Health and Human Services Judicial review of administrative acts Old age, survivors and disability insurance Survivors' benefits Widows Workers' compensation

Black Lung Benefits Act Amendments of 1991

Introduced: January 29, 1991 See on congress.gov
 Everywhere this bill has been 6 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 14, 1991
Subcommittee Hearings Held.
Apr 24, 1991
Subcommittee Hearings Held.
Apr 19, 1991
Executive Comment Requested from HHS, Labor.
Feb 22, 1991
Referred to the Subcommittee on Labor Standards.
Jan 29, 1991
Introduced in House
Jan 29, 1991
Referred to the House Committee on Education and Labor.
 Plain-English summary Congressional Research Service

Black Lung Benefits Act Amendments of 1991 - Amends the Black Lung Benefits Act (the Act) to provide special procedures for certain claims due to pneumoconiosis.

Sets forth new standards for evidence in claims of death or total disability of a miner due to pneumoconiosis, and of the condition's causation by coal mine employment. Presumes claimants eligible if they: (1) present a single piece of qualifying medical evidence, in the form of specified tests, studies, or medical opinions; and (2) have ten or more years in a coal mine or can prove employment causation through other evidence. Allows the Secretary to rebut such presumptions: (1) of condition, only with evidence showing the claimant is doing, or could actually do, coal mine work; and (2) of causation, only by clear and convincing proof that the miner's pneumoconiosis did not arise, in whole or in part, out of coal mine employment.

Provides that such new eligibility standards would apply to: (1) all claims filed after enactment of this Act; and (2) all pending and prior denied claims, after review under new standards.

Provides that all benefits payable under any claim determined under such new eligibility standards shall be paid from the Black Lung Disability Trust Fund, which is financed by the coal industry (thus eliminating coal operators as defendants with legal counsel in black lung disability cases).

Sets forth new rules for judicial review of black lung claims.

Allows claimants who file after the enactment of the Act and whose black lung claims are denied by the Department of Labor's Benefits Review Board to petition for review in the U.S. District Court where they last worked as coal miners or where they reside. Provides that such review petitions shall: (1) be governed by specified Social Security Act provisions; (2) not be subject to a time limit if the claim was denied by application of a regulation that violates the Act or any other Federal law; and (3) not be denied because administrative remedies have not been exhausted.

Requires award of black lung benefits to survivors or dependents of a deceased miner if any of the following conditions are met: (1) the miner worked 25 years or more in one or more coal mines; (2) the death as due in whole or part to pneumoconiosis; (3) the miner was receiving benefits for pneumoconiosis at the time of death; or (4) the miner had a pending claim at the time of death in which existing or additional medical evidence submitted by survivors or dependents, or lay evidence, qualifies under specified new eligibility standards.

Permits claimants who have had a black lung claim denied to submit an additional claim, without a showing of a material change, for de novo consideration on the merits.

Prohibits the Secretary from: (1) appealing decisions on black lung claims adverse to the Secretary by the Deputy Commissioner, the Office of Administrative Law Judges, the Benefits Review Board, or a U.S. District Court; and (2) reopening a black lung claim under which benefits were awarded and with respect to which no appeal is pending, unless the Secretary offers reasonable evidence to suspect fraud.

Amends the Social Security Act to exempt black lung benefits from offsetting certain social security benefits.

Amends the Black Lung Benefits Act (the Act) to provide that, when benefits are paid after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility.

Requires, in administration of the Act, that a widow of a miner shall: (1) not be disqualified from receiving benefits upon remarriage; and (2) be entitled to receive benefits without regard to the length of time of marriage to the miner.

What's happening now May 14, 1991

Subcommittee Hearings Held.

 Committees of jurisdiction 2