POMS Reference

This change was made on Aug 8, 2018. See latest version.
Text removed
Text added

DI 52125.020: Determining Public Disability Offset (PDB) for Part B Black Lung

1 change
*
  • Effective Dates: 08/07/2018 - Present
  • Effective Dates: 08/08/2018 - 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)
 x 
← This means that the line
Effective Dates: 08/07/2018 - Present
was removed and
Effective Dates: 08/08/2018 - Present
was added – in other words, the "Effective Dates" line at the top of the document has been updated to reflect that the new version is effective as of the date the change was made.