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B-164031(4) 1 (1973-02-16)

handle is hein.gao/gaobacves0001 and id is 1 raw text is: OASP B-164031(4) FEB 19 973 Dear Senator Your letter of November 1, 1972, requested that in- vestigat'Snnonymous letterladdressed to you from Ri eview, West Virginia. Essentially, the letter stated that a of Ridgeview was receiving black lung benefits, although the people in his community did not recall his ever workina in the coal mines. The letter indicated also that received a retroactive benefits check of $9,976 in October 1972. Because our examination of this case has raised several questions concerning eligibility for benefits, this letter will serve as an interim report on the matter. The following summarizes the findings we discussed with your office on December 1, 1972, and the agreement reached as to our future course of action. SOCIAL SECURITY ADMINISTRATION'S Black lung (pneumoconiosis) is a chronic lung disease. For a miner to be eligible for black lung benefits, title IV, part B, of the Federal Coal Mine Health and Safety Act (30 U.S.C. 901), as amended, requires that he be totally dis- abled due to black lung and that the black lung must have arisen out of employment in the Nation's coal mines. On October 11, 1972, the Social Security Administration (SSA) awarded benefits to on the basis of eligi- bility criteria established in section 410.490 of the Depart- ment of Health, Education, and Welfare (HEW) regulations dated September 30, 1972, implementing the act (20 CFR Part 410). This section provides that a miner with pneumoconiosis may be presumed to be totally disabled due to the disease if he has at least 10 years' coal mine employment. This presumption may be rebutted only when there is evidence that the miner is doing or is able to do his usual coal mine work or comparable and gainful work. Under section 410.490 the cause of pneumoconiosis is determined according to the following criteria of section 410.416 of the HEW regulations.

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