Title 30 — Mineral Lands and MiningRelease 119-73
§923 Filing of notice of claim
Title 30 › Chapter CHAPTER 22— - MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER IV— - BLACK LUNG BENEFITS › Part Part B— - Claims for Benefits Filed on or Before December 31, 1973 › § 923
Summary
Benefits under this part only apply if a claim was filed by December 31, 1973, and filed the way the Secretary requires, unless section 924 says otherwise. A claim cannot be denied just because a chest X‑ray is negative. Officials must look at all relevant evidence, such as blood gas tests, X‑rays, EKGs, breathing tests, physical tests, medical history, a doctor’s report, and statements from the claimant’s spouse or other people who knew the miner. For claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, sworn statements may be enough to prove a deceased miner was totally disabled or died from pneumoconiosis when no medical evidence exists. The Secretary must accept a qualified radiologist’s good‑quality X‑ray reading (unless fraud is suspected) and must accept an autopsy report unless there is good reason to doubt it. Claimants get reimbursed for reasonable medical costs and may request a full lung exam to support a claim. Certain Social Security rules and rules about total disability also apply. A claimant must also file a state workers’ compensation claim before or when filing the federal claim, unless doing so would clearly be futile. A miner still working in coal mines cannot get benefits while employed. If a miner was found eligible while working, benefits start if their job ends within one year after the decision is final.
Full Legal Text
Title 30, §923
Mineral Lands and Mining — Source: USLM XML via OLRC
(a)Except as otherwise provided in section 924 of this title, no payment of benefits shall be made under this part except pursuant to a claim filed therefor on or before December 31, 1973, in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe.
(b)No claim for benefits under this part shall be denied solely on the basis of the results of a chest roentgenogram. In determining the validity of claims under this part, all relevant evidence shall be considered, including, where relevant, medical tests such as blood gas studies, X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, and any medical history, evidence submitted by the claimant’s physician, or his wife’s affidavits, and in the case of a deceased miner, other appropriate affidavits of persons with knowledge of the miner’s physical condition, and other supportive materials. Where there is no medical or other relevant evidence in the case of a deceased miner, such affidavits, from persons not eligible for benefits in such case with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, shall be considered to be sufficient to establish that the miner was totally disabled due to pneumoconiosis or that his or her death was due to pneumoconiosis. In any case, other than that involving a claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981, in which there is other evidence that a miner has a pulmonary or respiratory impairment, the Secretary shall accept a board certified or board eligible radiologist’s interpretation of a chest roentgenogram which is of a quality sufficient to demonstrate the presence of pneumoconiosis submitted in support of a claim for benefits under this subchapter if such roentgenogram has been taken by a radiologist or qualified technician, except where the Secretary has reason to believe that the claim has been fraudulently represented. In order to insure that any such roentgenogram is of adequate quality to demonstrate the presence of pneumoconiosis, and in order to provide for uniform quality in the roentgenograms, the Secretary of Labor may, by regulation, establish specific requirements for the techniques used to take roentgenograms of the chest. Unless the Secretary has good cause to believe that an autopsy report is not accurate, or that the condition of the miner is being fraudulently misrepresented, the Secretary shall accept such autopsy report concerning the presence of pneumoconiosis and the stage of advancement of pneumoconiosis. Claimants under this part shall be reimbursed for reasonable medical expenses incurred by them in establishing their claims. For purposes of determining total disability under this part, the provisions of subsections (a), (b), (c), (d), and (g) of section 221 of such Act [42 U.S.C. 421(a) to (d), (g)] shall be applicable. The provisions of section 204, 205(a), (b), (d), (e), (g), (h), (j), (k), (l), and (n), 206, 207, and 208 of the Social Security Act [42 U.S.C. 404, 405(a), (b), (d), (e), (g), (h), (j), (k), (l), and (n), 406, 407, 408] shall be applicable under this part with respect to a miner, widow, child, parent, brother, sister, or dependent, as if benefits under this part were benefits under title II of such Act [42 U.S.C. 401 et seq.]. Each miner who files a claim for benefits under this subchapter shall upon request be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation.
(c)No claim for benefits under this section shall be considered unless the claimant has also filed a claim under the applicable State workmen’s compensation law prior to or at the same time his claim was filed for benefits under this section; except that the foregoing provisions of this paragraph shall not apply in any case in which the filing of a claim under such law would clearly be futile because the period within which such a claim may be filed thereunder has expired or because pneumoconiosis is not compensable under such law, or in any other situation in which, in the opinion of the Secretary, the filing of a claim would clearly be futile.
(d)No miner who is engaged in coal mine employment shall (except as provided in section 921(c)(3) of this title) be entitled to any benefits under this part while so employed. Any miner who has been determined to be eligible for benefits pursuant to a claim filed while such miner was engaged in coal mine employment shall be entitled to such benefits if his or her employment terminates within one year after the date such determination becomes final.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The
Effective Date
of the Black Lung Benefits
Amendments
of 1981, referred to in subsec. (b), is Jan. 1, 1982, except as otherwise provided. See section 206(a) of Pub. L. 97–119, set out as an
Effective Date
of 1981 Amendment note under section 901 of this title. The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of this Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2002—Subsec. (a). Pub. L. 107–275, § 2(a), substituted “Secretary” for “Commissioner of Social Security”. Subsec. (b). Pub. L. 107–275, § 2(b)(2), substituted “No” for “In carrying out the provisions of this part, the Commissioner of Social Security shall to the maximum extent feasible (and consistent with the provisions of this part) utilize the personnel and procedures he uses in determining entitlement to disability insurance benefit payments under section 223 of the Social Security Act, but no”. Pub. L. 107–275, § 2(a), substituted “Secretary has” for “Commissioner of Social Security has” in two places and “Secretary shall” for “Commissioner of Social Security shall” in two places. Subsec. (c). Pub. L. 107–275, § 2(a), substituted “Secretary” for “Commissioner of Social Security”. 1994—Subsecs. (a) to (c). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing, except in reference to Secretary of Labor. 1981—Subsec. (b). Pub. L. 97–119, § 202(a), (c), inserted “, from persons not eligible for benefits in such case with respect to claims filed on or after the
Effective Date
of the Black Lung Benefits
Amendments
of 1981,” after “such affidavits” and “, other than that involving a claim filed on or after the
Effective Date
of the Black Lung Benefits
Amendments
of 1981,” after “In any case”. 1978—Subsec. (b). Pub. L. 95–239, § 5(a), (b), (c), provided that, in the case of a deceased miner where there is no medical or other relevant evidence, the affidavits be considered sufficient to establish that the miner was totally disabled due to pneumoconiosis or that death was due to pneumoconiosis, directed the Secretary to accept a board certified or board eligible radiologist’s interpretation of a chest roentgenogram in cases in which there is other evidence that a miner has a pulmonary or respiratory impairment, provided for
Regulations
covering roentgenogram techniques, provided for acceptance by the Secretary of an autopsy report concerning the presence of pneumoconiosis and the stage of advancement of that pneumoconiosis, directed that each miner who files a claim for benefits under this subchapter be provided upon request an opportunity to substantiate the claim by means of a complete pulmonary evaluation, and, in the reference to the various subsections of section 405 of Title 42, struck out reference to subsec. (f) and inserted reference to subsec. (n). Subsec. (d). Pub. L. 95–239, § 5(d), added subsec. (d). 1972—Subsec. (a). Pub. L. 92–303, § 5(2), substituted “1973” for “1972”. Subsec. (b). Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), inserted provisions making sections 404 to 408 of title 42 applicable, and for a more liberal consideration of claims for benefits.
Statutory Notes and Related Subsidiaries
Effective Date
of 2002 Amendment
Amendments
by Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.
Effective Date
of 1981 AmendmentAmendment by Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Pub. L. 97–119, set out as a note under section 901 of this title.
Effective Date
of 1978 AmendmentAmendment by Pub. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as a note under section 901 of this title.
Effective Date
of 1972 AmendmentAmendment by section 4(f) of Pub. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out as a note under section 921 of this title.
Effective Date
for the Application of Section 405 of Title 42 Pub. L. 92–303, § 1(c)(5)(B), May 19, 1972, 86 Stat. 152, provided that: “Only section 205(b), (g), and (h) of those sections of the Social Security Act [section 405(b), (g), and (h) of Title 42, The Public Health and Welfare] recited in subparagraph (A) of this paragraph [amending this section] shall be effective as of the date provided in subsection (d) of this section.” [There is no subsec. (d) in section 1 of Pub. L. 92–303 as it was enacted. However,
Senate Report No. 92–743
, at page 30, refers to such a subsec. (d) applying the provisions of section of Pub. L. 92–303 retroactively to Dec. 30, 1969.]
Reference
Citations & Metadata
Citation
30 U.S.C. § 923
Title 30 — Mineral Lands and Mining
Last Updated
Apr 6, 2026
Release point: 119-73