BASIC (09-08)

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)