Close Menu

BLACK LUNG DISABILITY BENEFITS

BLACK LUNG DISEASE

If you have black lung disease or Coal Workers Pneumoconiosis, you may be eligible for disability benefits under the federal Black Lung program. Black lung disease is observable on chest x-ray and CT scans. If you have black lung disease, then your chest x-ray or CT scan will show pulmonary nodules in your lungs.

The inhalation of coal dust results in the scarring of the lung tissue and affects the gas-exchanging ability of the lungs to remove carbon dioxide and take oxygen into the bloodstream. Exposure to coal dust over an extended period of time can lead to Coal Workers Pneumoconiosis (CWP).

Continued exposure can lead to from the early stages of CWP, known as “simple CWP,” to more advanced stages of scarring known as “complicated CWP” or progressive massive fibrosis (PMF). There is no cure for CWP or for PMF.

If you have other breathing impairments, like asthma, COPD, or hypoxemia, you could have legal pneumoconiosis. This may make you eligible to receive disability benefits. For example, if you need to learn more about asthma disability benefits, then read here. Likewise, additional information is available about COPD disability benefits on our website.

A miner is eligible for benefits if that miner has a totally disability due to pneumoconiosis arising out of coal mine employment. The survivors of a miner are eligible for benefits if the miner’s death was due to pneumoconiosis arising out of coal mine employment. Benefits are only available to miners and their survivors.

black lung benefits - Portrait miner coal man in helmet with lantern in underground mine. Concept industrial engineer.

PNEUMOCONIOSIS OR BLACK LUNG DISEASE

Under 20 CFR 718.204 (2), total disability due to pneumoconiosis or black lung disease can be established by medical criteria. The medical criteria includes the results of a valid pulmonary function test, a valid arterial blood gas-test, or by evidence that the miner suffers from cor pulmonale with right-side congestive heart failure. See 20 CFR 718.204(2)(i)(A)(B)(C); (2)(ii); (2)(iii).

But this is only one way to obtain disability benefits. The regulations state, where total disability cannot be established under these medical criteria, total disability may nevertheless be found if:

  • “a physician exercising reasoned medical judgment, based on medically acceptable clinical and laboratory diagnostic techniques, concludes that a miner’s respiratory or pulmonary condition prevents or prevented the miner from engaging in employment as described in paragraph (b)(1)…”. 20 CFR 718.204(2)(iv).

A miner shall be considered totally disabled, as it states in 20 CFR 718.204(b)(1), if:

  • “the miner has a pulmonary or respiratory impairment, which standing alone, prevents the miner (1) From performing his or her usual coal mine work; and (ii) From engaging in gainful employment in the immediate area of his or her residence requiring the skills or abilities comparable to those of any employment in a mine or mines in which he or she previously engaged with some regularity over a substantial period of time.”

PHYSICIAN’S REASONED MEDICAL OPINION REGARDING DISABILITY

According to the regulations, if a physician offers a reasoned medical opinion that a miner is prevented from performing his or her usual coal mine work and doing other comparable gainful employment due to pneumoconiosis, then disability benefits should be granted.

The point of the regulation is to allow miners who suffer from black lung disease to be found disabled because returning to a coal dust environment, like the mine, will make their condition worse and shorten their life span.

ELIGIBILITY FOR BLACK LUNG BENEFITS

The Black Lung Benefits Act defines a miner as any individual who works or has worked in or around a coal mine or coal preparation facility in the extraction or preparation of coal. This also includes an individual who works in coal mine construction or transportation in or around a coal mine.

Therefore, workers exposed to coal dust, such as railroad workers or workers at coal-fired power plants, are not eligible for benefits. People who live near coal mines or power plants are also not eligible for benefits. Even if they have exposure to coal dust.

Additionally, while a miner’s family members may receive benefits as survivors,  they may not claim benefits on their own due to exposure to coal dust in the home. For example, family members cannot claim coal dust exposure from cleaning the miner’s soiled clothing.

LEGAL PNEUMOCONIOSIS

If you have legal pneumoconiosis, the defendant (usually the insurance company for the coal mine) must rebut the presumption that you are not disabled. This is difficult to do.  

It is difficult because legal pneumoconiosis by definition arises from exposure to dust in coal mining employment. However, rebuttal may be shown in two ways.  The first way requires the liable party to establish that the miner has neither clinical pneumoconiosis arising out of coal mine employment nor legal pneumoconiosis. 20 C.F.R. § 718.305(d)(1)(i).

THE RULE OUT STANDARD FOR BLACK LUNG CASES

The second method requires the liable party to prove that “no part of the miner’s respiratory or pulmonary total disability” stems from pneumoconiosis. 20 C.F.R. § 718.305(d)(2)(ii). This is frequently called the “rule-out standard.” See Antelope Coal Co./Rio Tinto Energy Am. v. Goodin, 743 F.3d 1331, 1336 (10th Cir. 2014). 

In Antelope Coal Co. v. Goodin, 743 F.3d 1331, 1336 (10th Cir. 2014), the 10th Circuit  found that Antelope had “not rebutted the presumption by showing [Mr. Goodin’s] pneumoconiosis did not arise out of his coal mine employment as the definition of legal pneumoconiosis subsumes that finding.” Appx., Vol. II at 283.

Because, (1) the ALJ found that the claimant has legal pneumoconiosis, which Antelope failed to rebut; (2) legal pneumoconiosis by definition arises from exposure to dust in coal mining employment; and (3) the doctor concluded that the claimant’s total disability resulted in part from coal dust exposure, Antelope failed to rule out any connection between Mr. Goodin’s pneumoconiosis and his total disability.20

BLACK LUNG DISEASE IS DISABLING

What does this mean for a coal miner with black lung disease? If you prove you have CWP that meets disabling criteria you have proven disability under the Black Lung regulations. You may have another breathing impairment that is also worse due to coal dust.

If so, you are on your way to proving you cannot work in the coal mine. You must show that your breathing impairment prevents you from returning to the coal mine. Then, after that showing, the burden of proof shifts to the insurance company. The insurance company has a high burden of proof. They must rule out any connection between your black lung disease and your total disability.

The fact that the burden of proof is on the insurance company is good news for the claimant. Because, it shows you can demonstrate that you have CWP. Therefore, if you have legal pneumoconiosis and a lengthy coal mine employment, you have a higher chance of winning disability benefits.

If you have black lung disease and you can no longer work, contact Cannon Disability Law. We will review your case for free. Often, we can tell you over the phone if you are eligible to apply for black lung benefits.

Likewise, we can also help you apply for Social Security Disability benefits. Call us and we will answer your questions for free. Or, you can contact us on this website. We will see if we can help you with your claim for black lung disability benefits.

HIRE CANNON DISABILITY TO BE YOUR DISABILITY ADVOCATE

If you have black lung and need disability benefits, a medical expert may testify at your hearing. If you don’t hire an attorney, then there is a good chance you will not be able to cross-examine the medical or vocational expert at your hearing.

Don’t take that chance. Hire a lawyer in Las Vegas, Nevada and Salt Lake City, Utah with the experience you need to win your disability case. Learn about Nevada Disability benefits here. Also, learn about Utah Disability benefits information here.

If you need a disability lawyer in Colorado we can help you. Likewise, we represent claimants for California disability benefits too.

DISABILITY CASES ARE OUR SPECIALTY

In the last 30 years, we have won over 20,000 disability hearings for our clients. Additionally, we have won over $100 million in ongoing and past-due SSD and SSI disability benefits for our clients.

During our time in business, we have seen the Social Security Administration change their policies. Over time, it has become more difficult to win Social Security cases, even if you have black lung. The medical evidence to prove you meet SSA’s listing requirements is more stringent. Additionally, those who come to the hearing without a representative are typically not successful in winning benefits.

If you have a disability, then you know you are not going to be able to work for more than 12 months. Therefore, you need to apply for disability benefits. You need to do so right away. Don’t wait. Apply for benefits even if you think you might go back to work. If you do go back to work, then you can always withdraw the disability application.

Meanwhile, if you don’t go back to work, your application for benefits is being processed by the SSA. SSDI benefits and SSI benefits are available to you. But,  first you must apply. You can file an application online on the Social Security website.

LEARN ABOUT THE CANNON DISABILITY LEGAL TEAM

Cannon Disability brings over 60 years of legal experience to your disability case. For instance, Dianna Cannon has been representing people with disabilities since graduating from law school in 1992. Ms. Cannon has represented individuals with black lung disease in Utah and Pennsylvania. Black lung cases are difficult to win and take many years. Finding an attorney who is on your side is important.

Brett Bunkall and Andria Summers also have many years of litigation experience. During our practice, we have won many disability cases for individuals with lung disease. You can learn more on our About Us page.

When you hire your disability attorney, choose one who has over 30 years of experience. Choose a law office with a stellar record. You want the best disability attorney to help you. Find one who understands the system. You need to win benefits. In order to win, you should choose a law firm who practices Social Security disability law. Choose Cannon Disability. Contact us now.

 

Facebook Twitter LinkedIn
Contact Form Tab

Quick Contact Form