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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
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.
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