[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR410.401]

[Page 623-624]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 410_FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV_BLACK 
LUNG BENEFITS (1969	 )--Table of Contents
 
        Subpart D_Total Disability or Death Due to Pneumoconiosis
 
Sec. 410.401  Scope of subpart D.

    Authority: Sec. 702(a)(5) of the Social Security Act (42 U.S.C. 
902(a)(5)), secs. 401-426, 83 Stat. 792, as amended, 86 Stat. 150; 30 
U.S.C. 901 et. seq.

    Source: 37 FR 20641, Sept. 30, 1972, unless otherwise noted.


    (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 
Sec. 410.414(b) or Sec. 410.454(b), and
    (3) Any respirable disease when the conditions are met for the 
application of the presumption described in Sec. 410.462. The 
provisions for determining that a miner is or was totally disabled due 
to pneumoconiosis or its sequelae are included in Sec. Sec. 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 Sec. Sec. 410.450 through 410.462. 
Certain related provisions of general application are included in 
Sec. Sec. 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

[[Page 624]]

``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]