US Codex
U.S.C.
Notes

§923. Filing of notice of claim — Inbound Citations

30 U.S.C. § 923

Cited by 2 provisions in release 119-102.

Citations to 30 U.S.C. § 923 as a whole

  • (1) The term “total disability” has the meaning given it by regulations of the Secretary of Health and Human Services, which were in effect on November 2, 2002, for claims under part B of this subchapter, and by regulations of the Secretary of Labor for claims under part C of this subchapter, subject to the relevant provisions of subsections (b) and (d) of section 923 of this title, except that—
    (A) in the case of a living miner, such regulations shall provide that a miner shall be considered totally disabled when pneumoco­niosis prevents him or her from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he or she previously engaged with some regularity and over a substantial period of time;
    (B) such regulations shall provide that (i) a deceased miner’s employment in a mine at the time of death shall not be used as conclusive evidence that the miner was not totally disabled; and (ii) in the case of a living miner, if there are changed circumstances of employment indicative of reduced ability to perform his or her usual coal mine work, such miner’s employment in a mine shall not be used as conclusive evidence that the miner is not totally disabled;
    (C) such regulations shall not provide more restrictive criteria than those applicable under section 423(d) of title 42; and
    (D) the Secretary of Labor, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish criteria for all appropriate medical tests under this subsection which accurately reflect total disability in coal miners as defined in subparagraph (A).

Citations to §923(b)

  • (i) Notwithstanding any other provision of law (including sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407 and 1383(d)(1)), section 413(b) of Public Law 91–173 (30 U.S.C. 923(b)), and section 14 of the Act of August 29, 1935 (45 U.S.C. 231m)), except as provided in clause (ii), all payments due to an individual under—
    (I) the Social Security Act,
    (II) part B of the Black Lung Benefits Act, or
    (III) any law administered by the Railroad Retirement Board (other than payments that such Board determines to be tier 2 benefits),
    shall be subject to offset under this section.