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Legislation Authorized Benefits Without Adequate Evidence of Black Lung or Disability

HRD-82-26 Published: Jan 19, 1982. Publicly Released: Jan 19, 1982.
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Highlights

GAO was asked to identify whether legislative changes are needed to ensure that black lung benefits are awarded only to miners totally disabled by black lung or to their survivors.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should consider amending the black lung legislation to eliminate the use of affidavits to establish death or disability from pneumoconiosis.
Closed – Not Implemented
Neither DOL nor Congress appears to be interested in changing the black lung eligibility criteria at this time.
Congress should consider amending the black lung legislation to require that medical evidence be the basis for establishing the presence of pneumoconiosis and disability due to black lung.
Closed – Not Implemented
The study on the medical aspects of pneumoconiosis was completed in 1984. Neither DOL nor Congress appears to be interested in changing the black lung eligibility criteria at this time.
Congress should consider amending the black lung legislation to redefine black lung as coal workers' pneumoconiosis, a chronic dust disease arising out of coal mine employment that permanently damages the lungs.
Closed – Not Implemented
The study on the medical aspects of pneumoconiosis was completed in 1984. Neither DOL nor Congress appears to be interested in changing the black lung eligibility criteria at this time.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Labor The Secretary of Labor should establish additional procedures to resolve conflicting medical evidence.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Department of Labor The Secretary of Labor should provide guidance on the quantity and quality of evidence needed to rebut certain presumptions for claims filed before the effective date of the 1981 amendments.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

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Topics

Black lung diseaseClaims settlementCoalminers benefitsDisability benefitsEligibility criteriaEligibility determinationsEmployee survivors benefitsMedical recordsProposed legislationCoal