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. | 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. | 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. | 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 Sort descending | Recommendation | Status |
---|---|---|
Department of Labor | The Secretary of Labor should establish additional procedures to resolve conflicting medical evidence. |
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. |
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