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West Virginia Income Maintenance Manual Chapter 8

West Virginia Income Maintenance Manual Page 9 Chapter 8 Resource Development

8.6.1.C Federal Black Lung Benefits 8.6.1.C.1 Requirements for Coverage Federal Black Lung benefits are available to a wage earner who is totally disabled by Black Lung Disease as a result of exposure to coal dust while working in the coal mining industry in the U.S. and to certain dependents or survivors. More specifically, benefits may be available for: • The wage earner. • The spouse and unmarried children who are under the age of 18 (or under age 23 if in school). • The wage earner’s widow or widower (regardless of age) and surviving dependent children (under age 18 or under 23 if in school) of the wage earner who was entitled to Black Lung benefits at the time of his death or who dies of Black Lung Disease. Claims for Black Lung benefits are filed at the local SSA office. However, since 1973, the U.S. Department of Labor (DOL)’s Office of Workers’ Compensation has been responsible for administering the program, which includes making an eligibility decision and issuing the benefit payments once the local SSA office forwards the claim to the DOL. Because the local SSA office has no knowledge of the decision as to eligibility for the benefit, the Worker must follow up with the client to learn the outcome. 8.6.1.C.2 Who Must Be Referred for Black Lung Benefits Clients who appear to meet the above criteria. Clients who are referred to the SSA office for Black Lung benefits should be referred to the State Workers’ Compensation Fund to apply for Occupational Pneumoconiosis (State Black Lung benefits). See Section 8.6.5.A for details. Additional information about Black Lung benefits may be found at the DOL’s website.