Sen. Rockefeller Releases GAO Report On Black Lung Benefits

Calls on DOL to Improve the Claims Process for Coal Miners

October 30, 2009 -- Washington, D.C. -- Senator Jay Rockefeller today released a report he requested from the Government Accountability Office (GAO) regarding the persistent barriers that miners and their families face when trying to secure benefits through the federal Black Lung Benefits Program. Senator Rockefeller called on the U.S. Department of Labor (DOL) to quickly consider and act on the report and he plans to introduce related legislation.

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“Miners are the heart of our Mountain State, and we must continue fighting to protect their health and hard-earned benefits,” said Senator Rockefeller. “I requested a comprehensive study of the Black Lung Benefits Program because I heard countless shameful and alarming stories about coal miners whose benefits were routinely delayed or denied altogether. Some cases have taken decades to resolve - this is impractical, harmful, and absolutely unacceptable, given the immediate medical needs of those living with black lung.”

“The GAO's analysis and recommendations on how to improve the Black Lung Benefits Program are a step in the right direction. This report recommends a number of changes —including new requirements for documenting evidence, tracking the agency’s performance and streamlining the paperwork. I urge the Department of Labor to act quickly to consider and implement needed reforms. I also plan to introduce legislation that makes the structural changes necessary to be sure the program will work for our miners and our families.”

Read the full GAO report (GAO-10-7) here.
Read Senator Rockefeller’s letter to GAO here.

GAO issued the following recommendations to improve the effectiveness of the Black Lung Benefits Program (also on page 30 and 31 of the report):

* Reduce the number of black lung cases remanded by convening an independent panel to determine the cause for remands.
* Obtain information on how long it takes to resolve claims by tracking cases through the entire adjudication process and develop associated performance measures.
* Consider shortening the time required to schedule hearings for black lung cases and explore options such as video teleconferencing.
* Develop options for improving how doctors’ opinions are documented on DOL medical evaluation forms.
* Implement changes to the data managements system to improve accuracy throughout the claims and appeals process.
* Evaluate and address blood gas testing practices that may contribute to inaccurate disability test readings.
* Examine and evaluate the potential for structural changes, including enhancing attorneys’ incentives to take a claimant’s case, taking into account cost-benefit analysis for claim settlements, understanding the clinical limitations in documenting medical evidence to prove pneumoconiosis and total disability, and limiting the need for appeals by requiring complete evidentiary developments at the primary claims phase.

Background

Coal Workers’ Pneumoconiosis (CWP) is commonly referred to as black lung disease. It occurs when dust particles accumulate in the lungs, resulting in scarring in the lungs and difficulty breathing. The disease is both progressive and irreversible.

The Black Lung Benefits Program, first enacted in 1969 as part of the Federal Coal Mine Health and Safety Act (P.L. 91-173), was the first federal response to CWP. In addition to mandating comprehensive safety enforcement and monitoring of dust exposure, this bill was passed to provide income assistance and medical support to miners affected by CWP (or their survivors).

The program is administered by the Division of Coal Mine Workers’ Compensation, within the Office of Workers’ Compensation, in the Department of Labor (DOL). More than 40,000 beneficiaries received more than $250 million in benefits in fiscal year 2008.

In 2001, the DOL revised the regulations to allow for individuals to fight for black lung benefits by providing more information. Despite these improvements, delays in benefit eligibility remain high.

Consequently, Senator Rockefeller sent a letter to the GAO on June 26, 2008, requesting a comprehensive review of the DOL’s administration of the federal Black Lung Benefits Program, particularly the barriers to access that miners, as well as their survivors and dependents, continue to face.

Source: Senator Jay Rockefeller