§924 Time for Filing Claims

Summary

You must file a claim by certain dates to get miner disability or survivor benefits. For total disability, claims had to be filed on or before December 31, 1973. A widow had six months after her husband’s death to file, but she could also file by December 31, 1973 if that date came later. Parents, brothers, and sisters had to file within six months after the miner’s death or by December 31, 1973, whichever was later. Special rules apply to children. If a child filed within six months after May 1972 and wins, benefits can be paid back to December 30, 1969 or to the date the child first would have been eligible under the law since December 30, 1969 — whichever gives the shorter retroactive period. If the child filed later than six months after May 1972 and wins, benefits can go back to 12 months before the claim or to that earlier eligibility date since December 30, 1969 — whichever is shorter. Any payments for months before the claim can be reduced so they do not overlap other certified payments. No benefits can be paid for any time before a claim is filed. Also, no benefits are payable after December 31, 1973 for claims filed after June 30, 1973. People who live in a State that cut its worker or disability benefits after December 30, 1969 cannot get these benefits. Widows, children, parents, brothers, or sisters get survivor benefits only if the miner was already getting pneumoconiosis disability benefits before death, or if the miner died before January 1, 1974, or if the person qualifies under paragraph (5) of section 921(c).