TABLE 4.-AGE AT FILING OF MINER APPLICATIONS: PERCENTAGE DISTRIBUTION OF BLACK-LUNG CLAIMS FOR TOTAL, ALLOWED AND DENIED MINER APPLICANTS, NATIONALLY AND FOR MAJOR COAL-MINING STATES TABLE 5.-Basis for denial of miners and widows black lung claims percent Basis for denial: Total percent_. distribution, April 1971 Chest X-ray (or biopsy) does not establish pneumoconiosis. Pneumoconiosis not disabling-miner working (statutory defini- No employment in Nation's underground coal mines. Basis for denial: Total percent__ No evidence that miner's death was due to pneumoconiosis or Percent 100. 0 62. 3 29.8 2.4 2.0 3.5 100. 0 88.3 Evidence conclusive that pneumoconiosis or respirable disease 9. 1 Deceased was not employed in the Nation's underground coal 2. 4 Other application withdrawn, etc. 0.2 TABLE 6.-BLACK LUNG BENEFITS: AMOUNT OF CUMULATIVE PAYMENTS SINCE ENACTMENT, AND MONTHI BENEFITS IN CURRENT PAYMENT STATUS BY STATE FOR MAJOR COAL MINING STATES, DEC. 31, 1970 AN APR. 30, 1971 TABLE 7.-SELECTED BLACK LUNG WORKLOAD AND PROGRAM ESTIMATES THROUGH FISCAL YEAR 1972 7,685,000 408, 000 6,703, 000 340,000 2 The average monthly family benefit being paid to miners at the end of June 1970 reflects the effect of offset for Pennsylvania occupational disability payments. The effect of offset for these OD payments is negligible with respect to miner's benefits in current payment status at the end of June 1971 and June 1972. Averages at the end of June 1971 and June 1972 reflect the effect of the 6 percent benefit increase resulting from the increase in the annual salary rate for Federal Government employees at step 1 of GS-2, effective January 1971. As a result of the 6 percent increase in annual salary rate of Federal Government employees at step 1 of GS-2, effective in January 1971, the black lung basic benefit rate of $144.50 was raised to $153.10, effective with benefits for January 1971. The prior benefit amount was raised from the original statutory amount of $136.10 as a result of a 6 percent increase effective December 1969. Administrative adjustments of $63,000,000 for benefit payments and $6,000,000 for administrative expenses made for 1971 in President's 1972 budget. TABLE 8.-SOCIAL SECURITY STATUS OF MINER APPLICANTS FOR BLACK LUNG BENEFITS 1 TABLE 9.-NUMBER OF BLACK LUNG CLAIMS FILED AND ALLOWED, TOTAL CUMULATIVE PAYMENTS SINCE ENACTMENT, AND TOTAL MONTHLY PAYMENTS AS OF APR. 30, 1971, BY STATE OF CURRENT BENEFICIARY RESIDENCE APPENDIX A TITLE 20-EMPLOYEES' BENEFITS CHAPTER III-SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE [Regs. No. 10 added] PART 410-FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV— BLACK LUNG BENEFITS 1969) Title IV, Part B of the Federal Coal Mine Health and Safety Act of 1969, Public Law 91-173, provides for payment of benefits to coal miners who have contracted pneumoconiosis from work in the Nation's underground coal mines and are disabled thereby, and to the widows of such miners. Section 411(b) of the Act provides that the Secretary of Health, Education and Welfare shall by regulation prescribe standards for determining whether a miner is totally disabled due to pneumoconiosis and for determining whether the death of a miner was due to pneumoconiosis. There are, accordingly, promulgated below, Regulations No. 10 of the Social Security Administration, 20 CFR Part 410, which at the present time contain two subparts: Subpart A (Introduction, General Provisions, and Definitions) and Subpart D (Total Disability or Death Due to Pneumoconiosis). Because of the provision in section 411(b) of the Act requiring that such standards be promulgated and published in the FEDERAL REGISTER not later than the end of the third month following the month in which title IV was enacted, the Secretary of Health, Education, and Welfare finds that notice of rule making and public procedure thereon are impracticable. Therefore, these regulations will be effective upon their filing with the Office of the Federal Register. Consideration will be given, however, to any data, views, or arguments pertaining to said regulations for the purpose of suggesting modifications or additions thereto, which are submitted in writing in triplicate not later than May 15, 1970, wth the Commissioner of Social Security, Department of Health, Education, and Welfare Building, Fourth and Independence Avenue SW., Washington, D.C. 20201. SUBPART D-TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS Basis for total disability standards. 410.402 Total disability defined. 410.401. Cessation of disability. Death due to pneumoconiosis. Provisions incorporated by reference. AUTHORITY: The provisions of this Part 410 issued under secs. 402(f), 411(b) of Public Law 91-173; 83 Stat. 793. § 410.101 SUBPART A-INTRODUCTION, GENERAL PROVISIONS, AND DEFINITIONS Introduction. The regulations in this Part 410 (Regulations No. 10 of the Social Security Administration), relate to the provisions of part B (Black Lung Benefits) of title IV of the Federal Coal Mine Health and Safety Act of 1969, as enacted December 30, 1969, and as may hereafter be amended. The regulations in this part are divided into the following subparts according to subject content: (a) This Subpart A contains provisions relating to definitions and the use of terms. (b) Subpart B of this part relates to the requirements for benefits, filing of claims for benefits, and duration of benefits. (c) Subpart C of this part contains provisions regarding dependents of entitled miners and widows. (d) Subpart D of this part provides standards for determining total disability and death due to pneumoconiosis. (e) Subpart E of this part relates to the payment of benefits, benefit rates, adjustment of benefits, and overpayments and underpayments. (f) Subpart F of this part relates to procedures for determinations and review of determinations with respect to benefits, and representation of parties. § 410.110 General definitions and use of terms. For purposes of this part, except where the context clearly indicates otherwise, the following definitions apply: (a) "The Act," means the Federal Coal Mine Health and Safety Act of 1969 (Public Law 91-173), as enacted December 30, 1969, and as may hereafter be amended. (b) "Benefit" means the black lung benefit provided under part B of title IV of the Act to coal miners and to surviving widows of miners. (c) "Secretary" means the Secretary of Health, Education, and Welfare. (d) "Commissioner" means the Commissioner of Social Security. (e) "Administration" means the Social Security Administration in the Department of Health, Education, and Welfare. (f) "Appeals Council" means the Appeals Council of the Bureau of Hearings and Appeals in the Social Security Administration or such member or members thereof as may be designated by the Chairman. (g) "Hearing Examiner" means a hearing examiner in the Bureau of Hearings and Appeals of the Social Security Administration. (h) "Coal mine" means an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted, and includes custom coal preparation facilities. (i) "Underground coal mine" means a coal mine in which the earth and other materials which lie above the natural deposit of coal (overburden) is not removed in mining. In addition to the natural deposits of coal in the earth, the underground mine includes all land, buildings and equipment appurtenant thereto. (j) "Miner" or "coal miner" means any inlividual who is working or has worked as an employee in an underground coal mine, whether he works under the surface performing functions in extracting the coal or above the surface at the mine preparing the coal so extracted. (k) "The Nation's underground coal mines" comprise all underground coal mines as defined in paragraph (i) of this section located in a State as defined in paragraph (1) of this section. (1) "State" includes a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, and prior to January 3, 1959, and August 21, 1959, respectively, the Territories of Alaska and Hawaii. (m) "Employee" means an individual in a legal relationship (between the person for whom he performs services and himself) of employer and employee under the usual common-law rules. (1) Generally, such relationship exists when the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the means by which that result is accomplished; that is, an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed; it is sufficient if he has the right to do so. The right to discharge is also an important factor indicating that the person possessing that right is an employer. Other factors characteristic of an employer, but not necessarily present in every case, are the furnishing of tools and the furnishing of a place to work to the individual who performs the services. In general, if an individual is subject to |