Office of Administrative Law Judges
Initially, the miner or the survivor must file a claim form and employment history form at the District Director’s office nearest to his or her residence. To locate the nearest district director’s office, go to http://www.dol.gov/dol/location.htm.
The District Director schedules the miner for a physical examination, coordinates the collection of evidence, including hospitalization and treatment records, and investigates the miner’s employment history to determine which employer will be responsible for the payment of any benefits. The District Director will then issue a proposed decision and order based on the evidence collected. Any dissatisfied party may request a hearing within 30 days of the date of the proposed decision and order.
If a hearing is requested, then the claim is referred to the Office of Administrative Law Judges (OALJ).
Resources of Black Lung Claimants
Judges’ Benchbook of the Black Lung Benefits Act (2008)
Supplement to the Benchbook (2009)