30 Usc 924

TITLE 30—MINERAL LANDS AND MINING

§ 924

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.
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 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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
Section 1(c)(5)(B) of Pub. L. 92–303 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.’’

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Page 178

[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.]

§ 924. Time for filing claims
(a) Claims filed before December 31, 1973
(1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December
31, 1973, or, in the case of a claimant who is a
widow, within six months after the death of her
husband or by December 31, 1973, whichever is
the later.
(2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other
provision of this part.
(A) If such claim is filed within six months following May 1972, and if entitlement to benefits
is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child
would have been first eligible for such benefit
payments had section 922(a)(3) of this title been
applicable since December 30, 1969, whichever is
the lesser period. If on the date such claim is
filed the claimant is not eligible for benefit payments, but was eligible at any period of time
during the period from December 30, 1969, to the
date such claim is filed, entitlement shall be effective for the duration of eligibility during
such period.
(B) If such claim is filed after six months following May 1972, and if entitlement to benefits
is established pursuant to such claim, such entitlement shall be effective retroactively from a
date twelve months preceding the date such
claim is filed, or from the date such child would
have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is
the lesser period. If on the date such claim is
filed the claimant is not eligible for benefit payments, but was eligible at any period of time
during the period from a date twelve months
preceding the date such claim is filed, to the
date such claim is filed, entitlement shall be effective for the duration of eligibility during
such period.
(C) No claim for benefits under this part, in
the case of a claimant who is a child, shall be
considered unless it is filed within six months
after the death of his father or mother (whichever last occurred) or by December 31, 1973,
whichever is the later.
(D) Any benefit under subparagraph (A) or (B)
for a month prior to the month in which a claim
is filed shall be reduced, to any extent that may
be necessary, so that it will not render erroneous any benefit which, before the filing of
such claim, the Secretary has certified for payment for such prior month.
(3) No claim for benefits under this part, in the
case of a claimant who is a parent, brother, or
sister shall be considered unless it is filed within
six months after the death of the miner or by
December 31, 1973, whichever is the later.
(b) Filing of claims after June 30, 1973
No benefits shall be paid under this part after
December 31, 1973, if the claim therefor was filed
after June 30, 1973.

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Page 179

TITLE 30—MINERAL LANDS AND MINING

(c) Effective date of claims
No benefits under this part shall be payable
for any period prior to the date a claim therefor
is filed.
(d) Reduction of State benefits
No benefits shall be paid under this part to the
residents of any State which, after December 30,
1969, reduces the benefits payable to persons eligible to receive benefits under this part, under
its State laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance.
(e) Conditions upon payment
No benefits shall be payable to a widow, child,
parent, brother, or sister under this part on account of the death of a miner unless (1) benefits
under this part were being paid to such miner
with respect to disability due to pneumoconiosis
prior to his death, (2) the death of such miner
occurred prior to January 1, 1974, or (3) any such
individual is entitled to benefits under paragraph (5) of section 921(c) of this title.
(Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83
Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3),
May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239,
§ 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. L. 103–296,
title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488;
Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.)
AMENDMENTS
2002—Subsec. (a)(2)(D). Pub. L. 107–275 substituted
‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
1994—Subsec. (a)(2)(D). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary’’.
1978—Subsec. (e). Pub. L. 95–239 added cl. (3) relating
to individuals entitled to benefits under par. (5) of section 921(c) of this title.
1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), designated existing provisions as par. (1) and added pars.
(2) and (3), and in par. (1) substituted ‘‘1973’’ for ‘‘1972’’
wherever appearing.
Subsec. (b). Pub. L. 92–303, §§ 5(1), (2), substituted
‘‘June 30, 1973’’ for ‘‘December 31, 1971’’ and ‘‘December
31, 1973’’ for ‘‘December 31, 1971’’.
Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted
‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’
and ‘‘1974’’ for ‘‘1973’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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 1978 AMENDMENT
Amendment 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.

§ 924a. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 95–239, § 11, Mar. 1, 1978, 92 Stat. 101,
related to notification to miners of eligibility for medical services and supplies and the period for filing a
claim.

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§ 925

EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

§ 925. Procedure for the determination of claims
during transition period
(a) Notwithstanding any other provision in
this subchapter, for the purpose of assuring the
uninterrupted receipt of benefits by claimants
at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or
the Secretary of Labor, any claim for benefits
under this part filed during the period from July
1, 1973 to December 31, 1973, shall be considered
and determined in accordance with the procedures of this section. With respect to any such
claim—
(1) Such claim shall be determined and,
where appropriate under this part or section
9501(d) of title 26, benefits shall be paid with
respect to such claim by the Secretary of
Labor.
(2) The Secretary of Labor shall promptly
notify any operator who he believes, on the
basis of information contained in the claim, or
any other information available to him, may
be liable to pay benefits to the claimant under
part C of this subchapter for any month after
December 31, 1973.
(3) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of title
33.
(4) Any operator who has been notified of the
pendency of a claim under paragraph (2) of
this subsection shall be bound by the determination of the Secretary of Labor on such
claim as if the claim had been filed pursuant
to part C of this subchapter and section 932 of
this title had been applicable to such operator.
Nothing in this paragraph shall require any
operator to pay any benefits for any month
prior to January 1, 1974.
(b) The Secretary of Labor may issue such regulations as are necessary or appropriate to carry
out the purpose of this section.
(Pub. L. 91–173, title IV, § 415, as added Pub. L.
92–303, § 7, May 19, 1972, 86 Stat. 156; amended
Pub. L. 97–119, title I, § 104(b)(2), Dec. 29, 1981, 95
Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug.
15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3),
Nov. 2, 2002, 116 Stat. 1925.)
AMENDMENTS
2002—Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A),
redesignated pars. (3) to (5) as (2) to (4), respectively,
substituted ‘‘paragraph (2)’’ for ‘‘paragraph 4’’ in par.
(4), and struck out former par. (2) which read as follows: ‘‘The manner and place of filing such claim shall
be in accordance with regulations issued jointly by the
Commissioner of Social Security and the Secretary of
Labor, which regulations shall provide, among other
things, that such claims may be filed in district offices
of the Social Security Administration and thereafter
transferred to the jurisdiction of the Department of
Labor for further consideration.’’
Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out
‘‘, after consultation with the Commissioner of Social
Security,’’ after ‘‘Secretary of Labor’’.

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