Generally, anyone who has ever worked as a coal miner can file a claim. Certain dependents, including a spouse, a qualifying divorced spouse, or dependent children, may also be eligible.

The process of receiving black lungs benefits can feel daunting at first, but with Lungs at Work at your side you can feel confident. We will assist during every step of the process and ensure that your claim continues to progress.

Overview of the Federal Black Lung Claims Process

1. Application – Our Benefits Counselor helps you complete the application forms – this can be done over the telephone or in person. If this is done over the telephone, we will mail the forms for you to review and sign and give you a list of supporting documents you will need to provide (marriage/divorce certificates, proof of coal mine employment, etc.) When your signed forms and supporting documents are received, we will submit them to the Department of Labor.

2. Examination – The Department of Labor will authorize testing and an examination to determine your eligibility to receive benefits. This examination includes:

   • Medical History

   • Echocardiogram

   • Arterial blood gas study

   • Pulmonary function study

   • Physical examination

   • Chest x-ray with b-reading

   For a detailed explanation of what to expect please click here. The Department of Labor pays for your testing and examination and will reimburse you for the mileage and for one meal.

3. Preliminary determination – A Department of Labor Claims Examiner reviews your test results and issues a preliminary determination, called a Schedule for the Submission of Additional Evidence. If you do not meet the disability requirements to qualify for benefits, we will let you know and recommend that you withdraw your claim. If you do meet the disability requirements, we will begin developing evidence to support your claim and submit it by the deadlines outlined in the Schedule of Additional Evidence.

4. Evidence development – Both our legal team and the coal company’s team begin to develop evidence in the case. This may include answering questionnaires, requesting medical records, sending your chest x-ray to other doctors for additional readings, or attending an independent medical examination. This evidence is submitted to the Department of Labor and after the deadline for the submission of additional evidence passes the claims examiner will issue a Proposed Decision and Order. If the Proposed Decision in an award, you will go into interim pay status.

5. Hearing – If either party disagrees with the Proposed Decision and Order they can request a hearing before the Office of Administrative Law Judges. If this happens, we will continue to develop evidence on your behalf and submit this before the judge at your hearings. You will be asked to testify at your hearing, but rest assured that we will meet with you beforehand to review your case, so you are prepared. After the hearing, we will write a brief on your behalf, outlining the evidence in the case and presenting our argument as to why you should be entitled to benefits.

6. Decision or appeal – After reviewing all of the evidence and the briefs in your case the judge will issue a decision. If either party disagrees with the judge’s decision, they can appeal the case to the Benefits Review Board who will request another brief and then will review the case and issue their decision. The case may be sent back to the Office of Administrative Law Judges, it may be appealed to the Circuit Court, or it may receive a final decision. No matter what happens, Lungs at Work will continue to represent you and argue your case every step of the way.

To be eligible, a miner must prove:

1. They have black lung disease.

2. The disease was caused by coal mine employment.

3. They are totally disabled.

4. The disability is due to black lung.

By choosing Lungs at Work for your federal black lung exam, you can be confident that you’ll receive a complete and accurate evaluation of your breathing. Our experienced team will review your results with you and explain whether you meet the eligibility requirements for benefits.

To qualify for benefits, you must show that you have black lung disease and that it has caused total disability. The standards are based on medical test results - such as breathing tests, blood work, and chest x-rays - as well as a doctor’s opinion. Our team will guide you through the testing and explain whether your results meet the federal standards.

Not everyone meets the federal disability standards for black lung disease. In those cases, we recommend withdrawing your claim, so the coal company cannot use the test results against you in the future.

Your results still give you valuable information about your lung health, which can guide your medical care and work decisions. Coal mine dust stays in your lungs, and if your breathing gets worse later, you can file a new claim with updated medical evidence.

Lungs at Work has been successful in helping miners and families win benefits in the vast majority of cases where disability standards were met - about 95%.

The timeline can vary depending on each case. Some claims are decided within months, while others take years if appeals are involved. No matter how long it takes, we stay with you and continue to fight for your benefits every step of the way.

An interim award happens when the Department of Labor makes an initial determination that you qualify for benefits, even before your case is fully resolved. While your claim is still under review, you can begin receiving monthly payments and medical benefits. This is called being in interim pay status.

If you receive interim benefits and your claim is later denied, the Department of Labor may ask you to repay the money. We recommend opening a separate bank account for your monthly payments until your claim is resolved. You should avoid spending those funds unless you need them for essential expenses such as housing, groceries, or utilities.

If your claim is denied, you have the right to appeal. Our legal team will review the decision with you, explain your options, and continue to represent you if you choose to move forward. Many claims are successful on appeal, and we will stay with you through the process.

There is never a fee to you for legal representation. If your claim is successful, our legal fees are paid by the coal company - not by you.

We provide both medical and legal support in one place. Our team understands the entire process - from testing and diagnosis to legal representation - so you get coordinated help without extra costs.

Yes. You always have the right to choose who represents you at any point in your claim. If you decide to change, contact us and we’ll walk you through the process.