Black Lung Benefits: The Monthly Rate, When Benefits Start and the Deadline to File

The monthly black lung benefits rate

The regulation sets out the steps. First the year's pay rate for GS-2, step 1 of the General Schedule; then “Ascertaining the monthly rate thereof by dividing the amount determined in paragraph (a)(1) of this section by 12;” (20 C.F.R. § 725.520(a)(2)) then “Ascertaining the basic rate under the Act by multiplying the amount determined in paragraph (a)(2) of this section by 0.375 (that is, by 37 1/2 percent).” (20 C.F.R. § 725.520(a)(3))

For dependents, “The basic rate is augmented by 50 percent for one such dependent, 75 percent for two such dependents, and 100 percent for three or more such dependents.” (20 C.F.R. § 725.520(c)(3)) The Act says the same: “the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one dependent, 75 per centum if such individual has two dependents, and 100 per centum if such individual has three or more dependents.” (30 U.S.C. § 922(a)(4))

On rounding: “Any computation prescribed by this section is made to the third decimal place.” (20 C.F.R. § 725.520(e)(1)) “Monthly benefits are payable in multiples of 10 cents.” (20 C.F.R. § 725.520(e)(2)) “Since a fraction of a cent is not a multiple of 10 cents, such an amount which contains a fraction in the third decimal place is raised to the next higher multiple of 10 cents.” (20 C.F.R. § 725.520(e)(3))

OPM's table for 2022 is headed “Salary Table 2022-GS Incorporating the 2.2% General Schedule Increase Effective January 2022” (OPM, Salary Table 2022-GS (read Oct. 6, 2026)). Its GS-2, step 1 rate is $22,682.00 a year, so the monthly benefit for 2022 is $708.90 with no dependents, $1,063.30 with one, $1,240.50 with two, and $1,417.70 with three or more.

OPM's table for 2023 is headed “Salary Table 2023-GS Incorporating the 4.1% General Schedule Increase Effective January 2023” (OPM, Salary Table 2023-GS (read Oct. 6, 2026)). Its GS-2, step 1 rate is $23,612.00 a year, so the monthly benefit for 2023 is $737.90 with no dependents, $1,106.90 with one, $1,291.30 with two, and $1,475.80 with three or more.

OPM's table for 2024 is headed “Salary Table 2024-GS Incorporating the 4.7% General Schedule Increase Effective January 2024” (OPM, Salary Table 2024-GS (read Oct. 6, 2026)). Its GS-2, step 1 rate is $24,722.00 a year, so the monthly benefit for 2024 is $772.60 with no dependents, $1,158.90 with one, $1,352.00 with two, and $1,545.20 with three or more.

OPM's table for 2025 is headed “Salary Table 2025-GS Incorporating the 1.7% General Schedule Increase Effective January 2025” (OPM, Salary Table 2025-GS (read Oct. 6, 2026)). Its GS-2, step 1 rate is $25,142.00 a year, so the monthly benefit for 2025 is $785.70 with no dependents, $1,178.60 with one, $1,375.00 with two, and $1,571.40 with three or more.

OPM's table for 2026 is headed “Salary Table 2026-GS Incorporating the 1% General Schedule Increase Effective January 2026” (OPM, Salary Table 2026-GS (read Oct. 6, 2026)). Its GS-2, step 1 rate is $25,393.00 a year, so the monthly benefit for 2026 is $793.60 with no dependents, $1,190.30 with one, $1,388.70 with two, and $1,587.10 with three or more.

Who qualifies for black lung benefits

The claim turns on whether the miner has pneumoconiosis from coal mine work and is totally disabled by it. The Act gives presumptions that help. “If a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines there shall be a rebuttable presumption that his pneumoconiosis arose out of such employment.” (30 U.S.C. § 921(c)(1))

One cannot be rebutted: where a chest X-ray “when diagnosed by chest roentgenogram, yields one or more large opacities (greater than one centimeter in diameter) and would be classified in category A, B, or C in the International Classification of Radiographs of the Pneumoconioses by the International Labor Organization,” (30 U.S.C. § 921(c)(3)) “then there shall be an irrebuttable presumption that he is totally disabled due to pneumoconiosis” (30 U.S.C. § 921(c)(3)).

And a rule for 15 years underground: if “a miner was employed for fifteen years or more in one or more underground coal mines,” (30 U.S.C. § 921(c)(4)) and an X-ray does not show the large opacities, “and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis,” (30 U.S.C. § 921(c)(4)). For surface miners, “The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner work in an underground mine where he determines that conditions of a miner's employment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine.” (30 U.S.C. § 921(c)(4)) “The Secretary may rebut such presumption only by establishing that (A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine.” (30 U.S.C. § 921(c)(4))

When black lung benefits start

For a miner, “Benefits are payable to a miner who is entitled beginning with the month of onset of total disability due to pneumoconiosis arising out of coal mine employment.” (20 C.F.R. § 725.503(b)) “Where the evidence does not establish the month of onset, benefits shall be payable to such miner beginning with the month during which the claim was filed.” (20 C.F.R. § 725.503(b)) For a survivor, “Benefits are payable to a survivor who is entitled beginning with the month of the miner's death, or January 1, 1974, whichever is later.” (20 C.F.R. § 725.503(c))

Say a miner with one dependent shows total disability from March 2025. Through October 2026, that is 10 months of 2025 at $1,178.60 and 10 months of 2026 at $1,190.30, for $23,689.00.

Black lung benefits for a surviving spouse

The Act pays a widow at the miner's rate: “benefits shall be paid to his widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled.” (30 U.S.C. § 922(a)(2)) The regulation adds: “There is no time limit on the filing of a claim by the survivor of a miner.” (20 C.F.R. § 725.308(a))

The deadline to file for black lung benefits

The Act: “Any claim for benefits by a miner under this section shall be filed within three years after whichever of the following occurs later” (30 U.S.C. § 932(f)), among them “a medical determination of total disability due to pneumoconiosis;” (30 U.S.C. § 932(f)(1))

The regulation says when that clock starts: a miner's claim “shall be filed within three years after a medical determination of total disability due to pneumoconiosis which has been communicated to the miner or a person responsible for the care of the miner,” (20 C.F.R. § 725.308(a)) And it starts from a presumption: “There shall be a rebuttable presumption that every claim for benefits is timely filed.” (20 C.F.R. § 725.308(b))

Say a doctor's finding of total disability was given to a miner on February 10, 2025. The claim is due by February 10, 2028.

Black lung benefits and state workers' compensation

The two do not stack in full. “The amount of benefits payable under this section shall be reduced, on a monthly or other appropriate basis, by the amount of any compensation received under or pursuant to any Federal or State workmen's compensation law because of death or disability due to pneumoconiosis.” (30 U.S.C. § 932(g)) The tool subtracts the monthly amount you enter.

Fees for a black lung lawyer

The fee is set by the agency, not a contract. “No fee charged for representation services rendered to a claimant with respect to any claim under this part shall be valid unless approved under this subpart.” (20 C.F.R. § 725.365) “No contract or prior agreement for a fee shall be valid.” (20 C.F.R. § 725.365)

After a successful claim, the other side can owe it: “An attorney who represents a claimant in the successful prosecution of a claim for benefits may be entitled to collect a reasonable attorney's fee from the responsible operator that is ultimately found liable for the payment of benefits, or, in a case in which there is no operator who is liable for the payment of benefits, from the fund.” (20 C.F.R. § 725.367(a))

This site is not a law firm, does not refer anyone to a lawyer, and cannot say whether a claim will be approved. Bring the dates and places of coal mine work, every chest X-ray and breathing test, the doctor's findings and when they were given, and any state workers' compensation award.

What this page does not cover

It does not cover the medical standards for proving total disability, which coal company is liable, a claim for a child, parent, brother or sister, or a request to modify an earlier decision. It reads no state law.

It applies the statute as the 2024 edition of the United States Code prints it, the regulations as the eCFR printed them on October 1, 2026, and OPM's pay tables for 2022 through 2026. It read no Department of Labor web page, which this site's research could not open, so each year's rate here is computed from the regulation's formula.