§924 Time for Filing Claims

Summary

Claims must be filed by certain deadlines to be be considered for benefits. For a miner’s total disability, the claim must be filed by December 31, 1973. A widow has six months after her husband’s death to file, or until December 31, 1973, whichever is later. A parent, brother, or sister must file within six months after the miner’s death or by December 31, 1973, whichever is later. Special rules apply to children. If a child files within six months after May 1972 and wins benefits, those payments can go back to December 30, 1969 or to the child’s first eligible date under section 922(a)(3), whichever gives a shorter payment period. If the child files later than six months after May 1972 and wins, payments can go back up to 12 months before the claim date or to the child’s first eligible date under that same rule, whichever is shorter. Child claims must also be filed within six months after the death of the child’s last surviving parent or by December 31, 1973, whichever is later. No benefits are paid for any time before a claim is filed (except as these child rules allow). If a claim was filed after June 30, 1973, no benefits are payable for any period after December 31, 1973. Residents of a State that cut its own workers’ compensation, unemployment, or disability benefits after December 30, 1969 cannot get these benefits. Survivor benefits for a widow, child, parent, brother, or sister are allowed only if the miner was already getting pneumoconiosis disability benefits before death, the miner died before January 1, 1974, or the survivor qualifies under paragraph (5) of section 921(c).