POMS Reference

This change was made on Aug 7, 2018. See latest version.
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DI 52125.020: Determining Public Disability Offset (PDB) for Part B Black Lung

  • Effective Dates: 09/13/2012 - Present
  • Effective Dates: 08/07/2018 - Present
  • BASIC (09-08)
  • DI 52125.020 Determining Public Disability Offset (PDB) for Part B Black Lung
  • Citations:
  • 20 CFR 410.110(i)
  • Part B Black Lung (BL) refers to benefits paid on BL claims filed before 01/01/1974. Part B BL benefits are not offsettable as workers’ compensation (WC). However, a Part B benefit can be subject to offset as a PDB.
  • A. Definition - miner
  • A miner or coal miner is any number holder (NH) who is working or has worked as an employee in a coal mine, performing functions in extracting the coal or preparing the coal so extracted.
  • B. Offset determination
  • 1. Covered coal mine employment
  • Benefits paid to a miner or auxiliary under Part B are excluded from PDB offset because such benefits are based on service performed by a miner in coal mine employment, which is generally covered employment under section 210 of the Act.
  • 2. Non-covered coal mine employment
  • If a NH’s work met the definition of “miner” but was not covered for Social Security purposes, the Part B benefit would potentially cause a reduction to the Social Security disability insurance benefits as a PDB.
  • C. Reference
  • DI 52115.015 - Federal Mine Safety And Health Act (FMSHA)