Jay, GAO call for reforms in black lung benefits program

Citing a new Government Accountability Office report, Sen. Jay Rockefeller, D-W.Va., is calling for reforms in the way the federal government processes benefits for miners who have contracted deadly black lung disease.

In a statement this afternoon, Rockefeller said:

Miners are the heart of the Mountain State, and we must continue fighting to protect their health and hard-earned benefits. I requested a comprehensive study of the Black Lung Benefits Program because I heard countless shamefull 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.

You can read the full GAO report here, and Rockfeller’s letter requesting it here.

Here are the report’s general conclusions:

– The high rate of appeals by both miners and mine operators, along with decisions by judges and the Benefits Review Board, prolong the resolution of claims. Without ways to streamline or speed the appeals process, many claims will likely continue to go unresolved for years.

– In recent years, few claimants have been able to meet all of the program’s evidentiary requirements, and the current state of black lung science makes it difficult for claimants to meet certain requirements. Without a thorough examination of the ability of claimants to meet evidentiary standards or exploring alternatives to resolving claims — such as settlement — claimants with meritorious claims may not receive benefits.

– Many miners are not equipped with the medical and legal resources they need to develop the evidence to meet the program’s requirements.

Rockefeller said:

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.