Black Lung Benefits Restoration Act of 1990

Summary

Black Lung Benefits Restoration Act of 1990 - Title I: Interim Presumption of Eligibility for Black Lung Benefits - Amends the Black Lung Benefits Act (the Act) to provide for a rebuttable presumption of disability due to pneumoconiosis with respect to certain coal miners whose claims were filed during a specified period under the Black Lung Benefits Program. Establishes such presumption if a single piece of qualifying evidence is presented. Provides that other relevant medical evidence shall be considered only in connection with rebuttal of the presumption. Title II: Claims Review - Directs the Secretary of Labor (the Secretary) to review any black lung benefits claim filed under the Act either with the Department of Labor before April 1, 1980, or with the Social Security Administration at any time. Requires such review to follow certain guidelines established before and by the enactment of the Black Lung Benefits Reform Act of 1977, and to disregard amendments made after such enactment. Requires immediate payment of claims approved under such review. Requires, in the case of claims rejected under such review, the claimant to be given an opportunity to present additional medical or other evidence. Requires benefits granted under such review to be assessed against the Black Lung Disability Trust Fund. Title III: Repayment of Benefits - Provides that, when black lung benefits under the Act are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. Title IV: To Extend the Moratorium on Interest Owed by the Black Lung Disability Trust Fund to the United States Treasury - Extends through FY 1995 the current moratorium on interest owed to the Treasury by the Black Lung Disability Trust Fund. Title V: Contingency Fee Arrangements - Establishes under the Act a contingency fee arrangement system under which an attorney may be paid up to 25 percent of the black lung benefits paid to the claimant during specified periods of representation by such attorney.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 3 August 1990

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