Black Lung Program: Further Improvements Can Be Made in Claims Adjudication
HRD-90-75
Published: Mar 21, 1990. Publicly Released: Mar 27, 1990.
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Highlights
Pursuant to a congressional request, GAO reviewed the Department of Labor's (DOL) Black Lung Disability Benefits Program.
Recommendations
Matter for Congressional Consideration
Matter | Status | Comments |
---|---|---|
If the Secretary of Labor adds resources to the Benefits Review Board (BRB) or takes other actions to eliminate the backlog of cases in a short period of time, additional judges will be needed at BRB. Congress should amend the Longshoremen's and Harbor Workers' Compensation Act to allow for a temporary increase in the number of panel judges at BRB. |
Closed – Not Implemented
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Congress is not expected to take action on this recommendation. Labor does not view the backlog as a resource problem. More people are not needed. |
Recommendations for Executive Action
Agency Affected | Recommendation | Status |
---|---|---|
Department of Labor | The Secretary of Labor should focus management attention on the backlog of cases at BRB. Efforts should be taken to eliminate this backlog in a reasonable period of time. These efforts should include a management review of BRB operations to determine the: (1) extent to which greater efficiencies can be achieved with existing staff; and (2) level of additional resources BRB may need to eliminate the backlog. |
Closed – Implemented
Attention has been focused on the BRB backlog, and Labor has increased production requirements for staff attorneys and taken other measures. Labor does not view the backlog as a resource problem. There is a normal backlog which is not expected to be eliminated. Labor believes the normal backlog level has been achieved.
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Department of Labor | The Secretary of Labor should revise DOL overpayment notices. These notices should include explanation of the "against equity and good conscience" option and how it can be used to obtain a waiver. |
Closed – Implemented
Revised overpayment notification letters were implemented in March 1990 after Labor received the GAO draft report.
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Topics
Black lung diseaseClaims settlementCoalminers benefitsCompensation claimsDisability benefitsEligibility criteriaEligibility determinationsEmployee survivors benefitsOverpaymentsTrust funds