Wolfe Williams & AustinA Lifeline For Disabled Workers & Coal Miners2025-06-23T07:17:02Zhttps://www.wwrrlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1200584/2024/04/cropped-cropped-Wolfe-Williams-site-icon-32x32.pngOn Behalf of Wolfe Williams & Austin <![CDATA[Academic pursuits potentially impacting SSDI benefits]]>https://www.wwrrlawfirm.com/?p=475982022-09-09T22:11:57Z2022-09-09T20:03:29ZPotential issues that may arise
In addition, benefits don’t exclude recipients from pursuing an academic degree under certain conditions. However, new qualifications will undergo consideration when your claim comes up for a continuing disability review (CDR). The process involves determining if the disability is part of the SSA’s definition:
Unable to work or “substantial gainful activity” due to a medical condition
Inability to work done previously or make an adjustment to other work because of a medical condition
The condition has or is expected to go on for at least one year or potentially fatal
A degree, certificate, or training could qualify for jobs with physical or medical limitations, resulting in losing the disability designation. Those suffering from disabling mental conditions could see the SSA terminating their benefits.
While not discouraging SSDI recipients from academic pursuits, specific rules exist that could impact disability benefits after graduation and a subsequent new job. The help of an attorney possessing comprehensive knowledge of Social Security Disability benefits could be invaluable.]]>On Behalf of Wolfe Williams & Austin <![CDATA[Long-awaited legislation gets another chance]]>https://www.wwrrlawfirm.com/?p=475862024-12-19T06:44:23Z2022-07-29T19:56:27ZThe Black Lung Benefits Improvement Act of 2021 would help miners stricken with black lung disease and surviving family members secure much-needed benefits. The bill was reintroduced by U.S. Senators Joe Manchin, Tim Kaine, Mark Warner, Bob Casey, and Sherrod Brown, who represent prominent states in the coal mining industry, including Virginia, West Virginia, Pennsylvania, and Ohio.
Growing momentum
The effort to expand and improve the program has also secured miner advocate groups that include United Mine Workers of America (UMWA), Appalachian Voices, Appalachian Citizen’s Law Center (UCLC), and BlueGreen Alliance.
Improvements to the existing program include:
Increase in access to legal help
Decreases in wait times to access benefits
Protecting compensation against inflation and bankruptcy of self-insured coal mining companies
Black lung benefits have been in existence since the initial act combined with the Federal Coal Mine Health and Safety Act of 1969. Miners and grieving loved ones had access to both compensation and paid treatment for coal miners who literally put their lives on the line. Later in life, they suffer from severe disabilities and lose their lives after decades of plying their trade.
Powering the country for generation after generation has come at a cost. Safety improvements have helped somewhat. Yet, diagnoses on a daily basis continue with an alarming number being younger coal miners receiving the devastating news of deadly diagnoses.]]>On Behalf of Wolfe Williams & Austin <![CDATA[Revisiting symptoms of black lung]]>https://www.wwrrlawfirm.com/?p=475892022-07-29T19:55:15Z2022-07-29T19:55:15ZDelayed effects
Signs of black lung often take years to manifest. In far too many instances, symptoms do not begin until miners are close to retirement or already retired. Early stages see coughing, shortness of breath, and chest constriction. Victims often cough up black sputum or mucus, particularly after strenuous activity. Over time, those suffering while at rest will experience coughing as well.
Black lung significantly scars the lung tissue, a condition known as progressive massive fibrosis. Severe scarring prevents oxygen from reaching the blood, putting significant stress on the heart, brain, and other organs.
To date, specific tests for the disease are lacking. The severity of black lung is based on symptoms and when they started, products and materials that were part of a workday, and the use or absence of protective equipment. A history of smoking can also make a bad situation worse.]]>On Behalf of Wolfe Williams & Austin <![CDATA[Liabilities grow while the coal industry shrinks]]>https://www.wwrrlawfirm.com/?p=475842022-07-25T19:08:24Z2022-07-25T19:08:24ZCompensation for black lung victims
The resulting diagnoses of black lung spurred the federal government to pay a portion of pneumoconiosis claims for miners breathing in the coal dust for years, if not decades. The trust fund also assumed liabilities should a mining company close. Replacement financing would come from a tax on each ton of coal extracted from mines. However, reductions in coal consumption combined with the shuttering of many mining businesses affect the amount of money the trust fund receives.
All these factors are creating a perfect storm of financial shortcomings. Miners stricken with black lung enjoy lifetime benefits. However, continually expanding eligibility with every new black lung diagnosis is resulting in a smaller amount of financial help. In addition, more than 30 insurance carriers, including high-profile insurers, have vowed to end their associations with the fossil fuel industry resulting in new claims being covered by fewer insurance companies.
The Government Accountability Office recently announced that liabilities for the trust fund are approximately $5 billion, with projections of $15 billion by 2050. Whether that can cover all black lung claims remains uncertain.]]>On Behalf of Wolfe Williams & Austin <![CDATA[A surge in black lung diagnoses]]>https://www.wwrrlawfirm.com/?p=475822024-12-19T06:44:30Z2022-07-25T19:07:38ZAlarming data
The frustrating findings do fill in the blanks regarding a sudden surge in progressive massive fibrosis. Eight-five coal miners stricken with the disease provided lung pathology specimens that were compared with miners born between 1910 and 1930. The contemporary miners suffered a significantly higher proportion of the disease (57 percent) while working in mines for five years less than their predecessors, who accounted for 18 percent.
Research from 2018 revealed that more than 4,600 coal miners had contracted serious black lung disease since 1970, with half being discovered after 2000. Since 2005, cases have tripled, with longtime workers in Virginia, West Virginia, and Kentucky seeing a tenfold increase.
Advancements in equipment may be a driving force with historical miners drilling and blasting. New generations have incorporated more mechanized equipment with high-powered cutting heads that allow them to shear coal from the mine face.
The notion that decades of advancements to protect coal workers result in more diagnoses is troubling at best. Black lung disease serves as a moving target that is hard to pinpoint when it comes to causation and the severity of the illness.]]>On Behalf of Wolfe Williams & Austin <![CDATA[Troubling black lung trends]]>https://www.wwrrlawfirm.com/?p=475702022-06-24T12:57:08Z2022-06-23T20:00:21ZNew findings
The initiative follows new findings by researchers who found a definitive link between silica exposure and black lung disease in today’s miners. In fact, contemporary workers suffered from a significantly higher concentration compared to workers in the past. Silica particles were more than 50 percent increased when certain factors were present.
In response, the MSHA requested a change in the standard governing silica exposure rules. Instead of 100 micrograms per cubic centimeters, the federal Occupational Safety and Health Administration (OSHA) has cut that number in half.
Even with increased optimism about the recognition of how dangerous silica exposure can be still comes pessimism. Despite continued efforts to curb the deadly dust, black lung cases continued to grow. Perhaps more alarming is the growing number of younger miners diagnosed with the life-changing disease. Some are developing black lung while still in their twenties, many beginning their careers in the previous decade.
Meanwhile, the Black Lung Disability Trust Fund remains deep in debt. Adding to the problem is the expiration of an excise tax at the end of 2021. Congress has yet to take action.]]>On Behalf of Wolfe Williams & Austin <![CDATA[The continuing fight to protect coal miners gains more traction]]>https://www.wwrrlawfirm.com/?p=475632022-06-23T19:59:04Z2022-06-23T19:59:04ZA tale of two standards
Currently, the MSHA’s exposure limit standards are only fifty percent as strong as the Occupational Safety and Health Administration, putting miners at risk of doubling silica exposure. Calls to increase have fallen on deaf ears. OSHA’s long-awaited changes came in 2014, ending an era of zero changes since 1971.
Recent studies combined with an investigation in 2018 conducted by Ohio Valley ReSource, NPR, and PBS Frontline, documented several decades of countless regulatory and industry-wide failures. Shortcomings failed to protect coal miners, and the resulting “epidemic” of miners suffering from deadly diseases followed.
In addition to enforcing much-needed protection for coal miners, inspections of mines that are known for repeat offenses involving excessive silica dust increase. Those efforts will take the form of sampling method improvements and, equally as important, education of miners who uncover hazardous environments and serious job-related hazards.
It took a change in mine safety agency leadership in 2020 to spur the efforts while ending the denials of the dangers of silica dust. While administration changes occur regularly, policy stability and consistency may save the lives of hard-working coal miners.]]>On Behalf of Wolfe Williams & Austin <![CDATA[The state of Social Security benefits]]>https://www.wwrrlawfirm.com/?p=475652022-06-23T19:58:14Z2022-06-23T19:58:14ZA glimmer of hope
The Social Security Disability Trust Fund has enough financial resources to last for the next 75 years. Those eligible will have regular checks coming in until close to the end of the 21st century. Last year, predictions targeted 2057 as the year that funds would be depleted.
For disability recipients, Part A funds have enough money to last through 2028, two years later than last year’s projections.
While COVID-19 has been the bearer of bad news, a strong recovery from a virus-driven recession, higher labor productivity, and reduced future disability incidence rates have added a year to the trust fund’s ability to pay out benefits. The year 2034 is now the predicted date when funds will run out.
Much-needed changes to near-economic data combined with assumptions that reflect employment, earnings, and GDP recovery from 2020 accelerated and strengthened beyond expectations. The end result was higher payroll tax receipts and taxation revenue from Social Security benefits.
However, optimism still remains elusive as the financial outlook is concerning. Demographic trends and a U.S. population that is growing older necessitate action or outright intervention by lawmakers that should occur sooner rather than later.]]>On Behalf of Wolfe Williams & Austin <![CDATA[A new initiative to protect coal miners]]>https://www.wwrrlawfirm.com/?p=475612022-06-23T19:57:22Z2022-06-23T19:57:22ZEfforts to reduce dust exposure
With the objective of improving protections from health hazards caused by exposure, the U.S. Department of Labor and their Mine Safety and Health Administration (MSHA) announced new enforcements to minimize exposure to toxic levels of silica dust that continue to impact thousands of miners annually.
An essential component of the program involves spot inspections of mines for silica dust and expansion of samplings onsite. The objective is to assist with compliance and best practices to minimize exposure and continually evaluate conditions. Efforts will focus on coal and nonmetal mines with a history of overexposure.
Mines that have received previous citations for exceeding permissible exposure limits of 100 micrograms will be prioritized. Miners will be encouraged to report health conditions that they consider hazardous. They will also be encouraged to report any tampering efforts that could affect the sampling process.]]>On Behalf of Wolfe Williams & Austin <![CDATA[The role of claims examiners in the SSDI process]]>https://www.wwrrlawfirm.com/?p=475472022-05-31T15:34:08Z2022-05-31T15:34:08Z
Clinical observations
Test results
Additional supporting medical evidence
A mandatory and highly complex process
The five-step process they undergo will determine if you are or are not eligible for benefits. Those include:
Can you still work?
If you can continue working and earn a certain monthly amount (adjusted each year), you will not be considered disabled. Impairment-related Work Expenses (IRWE) may reduce countable earnings for evaluating work activity. That can include medications subscribed for you.
How severe is your disability?
Monthly earned income below the limit will result in the SSA passing your application to the Disability Determination Services (DDS) in the state where you reside. Their medical examiners determine if you are disabled to a level where you are limited in performing basic work tasks. Should your disability be severe, you move on to the next step.
The list of impairments (LOI)
The DDS reviews the LOI to identify a listed condition. If your disability is on the list, you are disabled as defined explicitly by the law. Not being on the list results in the DDS identifying if your condition equals the severity of conditions on the list. Should they identify one, you will be considered disabled.
Can you work as you did pre-disability?
Should your medical condition prevent you from performing the tasks you did pre-disability or something similar, you will not be considered disabled. If the DDS finds that you can no longer continue with your previous work, you may qualify.
Another type of work?
If you don't qualify based on the list of disabilities, the DDS will identify other types of work that you could do. Factors include age, education, physical and psychological medical condition, work experience, and skills. If nothing is identified, you will be considered disabled.
The bureaucratic process to secure disability benefits is complicated and lengthy. At times, it doesn't seem very encouraging. The help of an experienced attorney can provide you with the advocacy you need.]]>