(1) a child as defined in subsection (g) of this section
without regard to subparagraph (2)(B)(ii) thereof; or
(2) a wife who is a member of the same household as the
miner, or is receiving regular contributions from the miner for
her support, or whose husband is a miner who has been ordered by
a court to contribute to her support, or who meets the
requirements of section 416(b)(1) or (2) of title 42. The
determination of an individual's status as the 'wife' of a miner
shall be made in accordance with section 416(h)(1) of title 42 as
if such miner were the 'insured individual' referred to therein.
The term 'wife' also includes a 'divorced wife' as defined in
section 416(d)(1) of title 42 who is receiving at least one-half
of her support, as determined in accordance with regulations
prescribed by the Secretary, from the miner, or is receiving
substantial contributions from the miner (pursuant to a written
agreement), or there is in effect a court order for substantial
contributions to her support from such miner.
(b) The term 'pneumoconiosis' means a chronic dust disease
of the lung and its sequelae, including respiratory and pulmonary
impairments, arising out of coal mine employment.
(c) The term 'Secretary' where used in part B means the
Secretary of Health and Human Services, and where used in part C
means the Secretary of Labor.
(d) The term 'miner' means any individual who works or has
worked in or around a coal mine or coal preparation facility in
the extraction or preparation of coal. Such term also includes an
individual who works or has worked in coal mine construction or
transportation in or around a coal mine, to the extent such
individual was exposed to coal dust as a result of such
employment.
(e) The term 'widow' includes the wife living with or
dependent for support on the miner at the time of his death, or
living apart for reasonable cause or because of his desertion, or
who meets the requirements of section 416(c)(1), (2), (3), (4),
or (5), and section 416(k) of title 42, who is not married. The
determination of an individual's status as the 'widow' of a miner
shall be made in accordance with section 416(h)(1) of title 42 as
if such miner were the 'insured individual' referred to therein.
Such term also includes a 'surviving divorced wife' as defined in
section 416(d)(2) of title 42 who for the month preceding the
month in which the miner died, was receiving at least one-half of
her support, as determined in accordance with regulations
prescribed by the Secretary, from the miner, or was receiving
substantial contributions from the miner (pursuant to a written
agreement) or there was in effect a court order for substantial
contributions to her support from the miner at the time of his
death.
(f)(1) The term 'total disability' has the meaning given it
by regulations of the Secretary of Health and Human Services 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).
(2) Criteria applied by the Secretary of Labor in the case
of -
(A) any claim which is subject to review by the Secretary of
Health and Human Services, or subject to a determination by the
Secretary of Labor, under section 945(a) of
this title;
(B) any claim which is subject to review by the Secretary of
Labor under section 945(b) of
this title; and
(C) any claim filed on or before the effective date of
regulations promulgated under this subsection by the Secretary of
Labor; shall not be more restrictive than the criteria applicable
to a claim filed on June 30, 1973, whether or not the final
disposition of any such claim occurs after the date of such
promulgation of regulations by the Secretary of Labor.
(g) The term 'child' means a child or a step-child who is -
(1) unmarried; and
(2)(A) under eighteen years of age, or
(B)(i) under a disability as defined in section 423(d) of
title 42,
(ii) which began before the age specified in section
402(d)(1)(B)(ii) of title 42, or, in the case of a student,
before he ceased to be a student; or
(C) a student. The term 'student' means a 'full-time
student' as defined in section 402(d)(7) of title 42, or a
'student' as defined in section 8101(17) of title 5. The
determination of an individual's status as the 'child' of the
miner or widow, as the case may be, shall be made in accordance
with section 416(h)(2) or (3) of title 42 as if such miner or
widow were the 'insured individual' referred to therein.
(h) The term 'fund' means the Black Lung Disability Trust
Fund established by section 9501 of title 26.
(i) For the purposes of subsections (c) and (j) of section
932 of
this title, and for the purposes of paragraph (7) of subsection
(d) of section 9501 of title 26, the term 'claim denied' means a
claim -
(1) denied by the Social Security Administration; or
(2) in which (A) the claimant was notified by the Department
of Labor of an administrative or informal denial more than 1 year
prior to March 1, 1978, and did not, within 1 year from the date
of notification of such denial, request a hearing, present
additional evidence or indicate an intention to present
additional evidence, or (B) the claim was denied under the law in
effect prior to March 1, 1978, following a formal hearing or
administrative or judicial review proceeding.