Federal Black Lung Benefits Rates for 2017: Benefits Increase By 1%

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Recently the U.S. Department of Labor increased by 1% the modest amount of money that disabled coal miners and their families who receive federal black lung benefits get each month.  This is the same percent increase as last year.

As posted online by the Division of Coal Mine Workers’ Compensation of the U.S. Department of Labor’s Office of Workers’ Compensation, the monthly benefits rates are now:

  • Primary beneficiary (e.g., a single miner or a widow without any dependent children) $651.00/month
  • Primary beneficiary and one dependent (e.g., a married miner or a widow a dependent child)$976.40/month
  • Primary beneficiary and two dependents (e.g., a married miner with one dependent child)$1,139.10/month
  • Primary beneficiary and three or more dependents (e.g., a married miner with two or more dependent children) – $1,301.00/month

Note that sometimes benefits are decreased because a miner or survivor has another benefits award under a federal or state workers’ compensation program.  Many beneficiaries also effectively get less because an award of federal black lung benefits can decrease the amount that someone gets from an award of Social Security Disability.

This is an increase of 1% over last year’s benefits amounts.  (The 2016 black lung benefits rates were:  $644.50 for a primary beneficiary, $966.80 for primary with one dependent, $1,127.90 for a primary with two dependents, and $1,289.00 for a primary with three or more dependents.)

The 1% increase for 2017 happened because federal employees got a 1% raise for 2017. Black lung benefits for a primary beneficiary are set by law as 37.5% of the base salary of a Federal employee at level GS-2, Step 1.  See 30 U.S.C. § 922(a)(1).  One dependent results in 50% more, two dependents in 75% more, and three or more dependents in 100% more.  Id. § (a)(4).

In addition to monthly monetary benefits, disabled coal miners also receive medical benefits to treat their lung disease.  For many miners, the medical benefits prove more valuable than the monetary benefits.

Disabled coal miners and their families deserve more, but every little bit—including this year’s 1% increase—always helps.

7 Responses to “Federal Black Lung Benefits Rates for 2017: Benefits Increase By 1%”

  1. juanita Casto

    If someone was married for.29 years then divorces then remarries but the ex wife doesnt can the ex wife draw from the ex husband when he signs up for black lung

    • Evan B. Smith

      It’s possible. The rule for “dependency” of qualifying divorced spouses is at 20 C.F.R. 725.207:
      (a) The individual is receiving at least one-half of his or her support from the miner (see § 725.233(g)); or

      (b) The individual is receiving substantial contributions from the miner pursuant to a written agreement (see § 725.233(c) and (f)); or

      (c) A court order requires the miner to furnish substantial contributions to the individual’s support (see § 725.233(c) and (e)).

  2. Larry Nelson

    I have black lung but i can not get a lawyer to help me they all lie to you and want 40 percent of your money.My name is Larry Nelson from Boone county WV the place they send you is Cabin Creak this place works for the Coal Company ask over 3000 miners that went there not one was given Federal Black Lung so do not give me your bullshit about miners getting there just due as far as Trump helping miners are you to trust a liar like him no body gives a dam about coal miners but we miners must just die then your wife has to pay 1000 dollars to have your lungs removed and maybe she will get Federal Black lung so they only have to pay half of what you should have got when you were alive.

  3. rebecca hess

    I have a court ordering Jimmy Allen Hess to pay me lump sum tenthousand dallors .He got his blacklung iwas married over 19 years .Iam 63 not married .Can i get it.

      • Evan B. Smith

        It’s often hard for divorced former spouses to qualify. As you’ll see above, I referred someone else to the relevant standard.

        The rule for “dependency” of qualifying divorced spouses is at 20 C.F.R. 725.207:
        (a) The individual is receiving at least one-half of his or her support from the miner (see § 725.233(g)); or

        (b) The individual is receiving substantial contributions from the miner pursuant to a written agreement (see § 725.233(c) and (f)); or

        (c) A court order requires the miner to furnish substantial contributions to the individual’s support (see § 725.233(c) and (e)).

  4. J Mitchell

    My husband has been receiving disability social security and last year awarded black lung benefits, because of BL benefits his social security was reduced and they are asking recovery of “overpayment”.

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