20 C.F.R. § 410.401 Scope of subpart D.
Title 20 - Employees' Benefits
(a) General. This subpart establishes the standards for determining whether a coal miner is totally disabled due to pneumoconiosis, whether he was totally disabled due to pneumoconiosis at the time of his death, or whether his death was due to pneumoconiosis. (b) Pneumoconiosis defined. Pneumoconiosis means: (1) A chronic dust disease of the lung arising out of employment in the Nation's coal mines, and includes coal workers' pneumoconiosis, anthracosilicosis, anthracosis, anthrosilicosis, massive pulmonary fibrosis, progressive massive fibrosis, silicosis, or silicotuberculosis, arising out of such employment. For purposes of this subpart, the term also includes the following conditions that may be the basis for application of the statutory presumption of disability or death due to pneumoconiosis under the circumstances prescribed in section 411 (c) of the Act; (2) Any other chronic respiratory or pulmonary impairment when the conditions are met for the application of the presumption described in §410.414(b) or §410.454(b), and (3) Any respirable disease when the conditions are met for the application of the presumption described in §410.462. The provisions for determining that a miner is or was totally disabled due to pneumoconiosis or its sequelae are included in §§410.410 through 410.430 and in the appendix following this subpart D. The provisions for determining that a miner's death was due to pneumoconiosis are included in §§410.450 through 410.462. Certain related provisions of general application are included in §§410.470 through 410.476. (c) Relation to the Social Security Act. Section 402(f) of the Act, as amended, 30 U.S.C. 902(f), provides that regulations defining total disability “shall not provide more restrictive criteria than those applicable under section 223(d) of the Social Security Act.” Section 413(b) of the Act, 30 U.S.C. 923(b), also provides, in pertinent part, that in “carrying out the provisions of this part [that is, part B of title IV of the Act], the Commissioner shall to the maximum extent feasible (and consistent with the provisions of this part) utilize the * * * procedures he uses in determining entitlement to disability insurance benefits under section 223 of the Social Security Act * * *.” [37 FR 20641, Sept. 30, 1972, as amended at 62 FR 38453, July 18, 1997]
Title 20: Employees' Benefits
PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969– )
Subpart D—Total Disability or Death Due to Pneumoconiosis
§ 410.401 Scope of subpart D.
