30 U.S.C. § 924

Time for filing claims

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(a) Claims filed before December 31, 1973(1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1973, whichever is the later.(2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other provision of this part.(A) If such claim is filed within six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period.(B) If such claim is filed after six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period.(C) No claim for benefits under this part, in the case of a claimant who is a child, shall be considered unless it is filed within six months after the death of his father or mother (whichever last occurred) or by December 31, 1973, whichever is the later.(D) Any benefit under subparagraph (A) or (B) for a month prior to the month in which a claim is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior month.(3) No claim for benefits under this part, in the case of a claimant who is a parent, brother, or sister shall be considered unless it is filed within six months after the death of the miner or by December 31, 1973, whichever is the later.(b) Filing of claims after June 30, 1973

No benefits shall be paid under this part after December 31, 1973, if the claim therefor was filed after June 30, 1973.

No benefits under this part shall be payable for any period prior to the date a claim therefor is filed.

(d) Reduction of State benefits

No benefits shall be paid under this part to the residents of any State which, after December 30, 1969, reduces the benefits payable to persons eligible to receive benefits under this part, under its State laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance.

(e) Conditions upon payment

No benefits shall be payable to a widow, child, parent, brother, or sister under this part on account of the death of a miner unless (1) benefits under this part were being paid to such miner with respect to disability due to pneumoconiosis prior to his death, (2) the death of such miner occurred prior to January 1, 1974, or (3) any such individual is entitled to benefits under paragraph (5) of section 921(c) of this title.

(Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3), May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239, § 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.)Editorial NotesAmendments

2002—Subsec. (a)(2)(D). Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security”.

1994—Subsec. (a)(2)(D). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary”.

1978—Subsec. (e). Pub. L. 95–239 added cl. (3) relating to individuals entitled to benefits under par. (5) of section 921(c) of this title.

1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), designated existing provisions as par. (1) and added pars. (2) and (3), and in par. (1) substituted “1973” for “1972” wherever appearing.

Subsec. (b). Pub. L. 92–303, §§ 5(1), (2), substituted “June 30, 1973” for “December 31, 1971” and “December 31, 1973” for “December 31, 1971”.

Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “widow, child, parent, brother, or sister” for “widow” and “1974” for “1973”.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as a note under section 901 of this title.

Notes of Decisions

Cited in 37 cases, 1975–2014 · leading case: Talley v. Mathews

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Talley v. Mathews (1977) ca4 · cites it 5× “The following statutory sections, read in conjunction, define such claims in terms of when they must be filed: 30 U.S.C. § 924 (a)(1): “No claim for benefits under this part [Sub ch.”

Lois Blakley, Widow of Morris Blakley v. Amax Coal Company, and Director, Office of Workers' Compensation Programs, Unit (1995) ca7 · cites it 2× “Because his x-ray evidence did not show complicated pneumoconiosis that would make him eligible for the § 718.”

Hattie Hall v. Secretary, Health, Education and Welfare (1979) ca6 · cites it 3× “They contend, however, that certain provisions of 30 U.S.C. § 924 (1976) indicate that claims for survivors’ benefits which are filed during this period should be processed and adjudicated by the Secretary of HEW.”

Odie Ingram v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare (1977) ca5 · cites it 2× “The United States government would pay these claims until December 31, 1973 ( 30 U.S.C. §§ 924 (b) and 925(a)(1)) at which time the claims would be paid by the mine owners or the states under certified workmen’s compensation programs as mentioned above.”

James W. Begley v. F. David Mathews, Secretary of Health, Education and Welfare (1976) ca6 “Successful claims filed during this interim period would be *1351 paid by the United States until December 81, 1973 ( 30 U.S.C. §§ 924 (b), 925(a)(1)), after which time they would be paid by the mine owners themselves, or by the States, under qualifying workmen’s compensation…”

Charles H. Moore v. Patricia R. Harris, Secretary of Health & Human Services (1980) ca4 “See 30 U.S.C. § 924 (c) (1976). By its own terms, the relevant portions of the Black Lung Benefits Act of 1972 were made retroactive to December 30, 1969.”

Arden Hamrick v. Richard S. Schweiker, Secretary of Health and Human Services (1982) ca4 “30 U.S.C. §§ 924 (a)(1), (b) (Supp.1979).”

James A. Prater v. Patricia Roberts Harris, Secretary of Health & Human Services (1980) ca4 “See 30 U.S.C. §§ 924 (a)(1), (b) (Supp.1979); Talley v.”

Anna Jordan v. Director, Office of Workers' Compensation Programs, United States Department of Labor (1989) ca6 “Black lung benefit claims are adjudicated under Part B or Part C of the Act, depending on when they were filed.”

Chapman v. Eastern Coal Corporation (1975) kyctapphigh “30 U.S.C.A. §§ 924 , 925. Maggard, supra, construed Sec.”

Ambrose v. United States (2012) uscfc “See 30 U.S.C. § 924 (a)(1) & (b) (1972). The Secretary of Health, Education and Welfare (HEW) argued that “ ‘to file’ should be construed as meaning ‘to effectively file,’” 573 F.”

Glen Coal Co. v. Seals (1998) ca6 “101 (1978) (codified at 30 U.S.C. § 924 (a)). Claims of this sort are commonly called "medical benefit only" or "MBO" claims.”

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