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)
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