§902 Definitions

Summary

Gives meanings for important words used in this part of the law. "Dependent" means either a child (see "child") or a wife who lives with the miner, or who gets regular support from him, or whose husband was ordered to support her, or who meets certain Social Security rules; a divorced wife also counts if she gets at least one-half of her support from the miner, or substantial payments by written agreement, or a court order. "Pneumoconiosis" means a chronic lung disease from coal dust and the health problems that follow. "Secretary" means the Secretary of Labor unless the law says otherwise. "Miner" means anyone who works or worked in or near a coal mine or coal prep facility, and it also includes people in mine construction or transport if they were exposed to coal dust. "Widow" means a wife who lived with or depended on the miner when he died, or who lived apart for good reason or desertion, or who meets certain Social Security rules and is not remarried; it also includes a surviving divorced wife who, in the month before the miner died, was getting at least one-half of her support from him, or substantial contributions, or had a court order for support. "Total disability" follows federal health and Labor regulations in effect on November 2, 2002: for a living miner it means pneumoconiosis keeps the miner from doing work similar to the mine jobs he or she did before; continued work or working at death does not automatically prove no disability; the rules cannot be stricter than section 423(d) of title 42; the Labor Secretary must set medical-test standards with NIOSH; Labor’s criteria apply to certain claims including those under part B, claims reviewed under section 945(b), determinations under section 945(a), and claims filed before the effective date of Labor’s regulations. "Child" means an unmarried child or stepchild under eighteen, or a disabled child as defined in section 423(d) of title 42 with disability starting before the age limit or before stopping school, or a student. "Fund" means the Black Lung Disability Trust Fund under section 9501 of title 26. For some parts of the law, a "claim denied" means either a part B benefit claim rejected by the responsible official, or a claim where the Department of Labor told the claimant of an administrative or informal denial more than 1 year prior to March 1, 1978, and the claimant did not, within 1 year of that notice, ask for a hearing or present or promise more evidence, or a claim denied under the law in effect before March 1, 1978 after a formal hearing or review.