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Other changes in the law made section 206 of the Social Security Act, which limits attorney fees in disability cases, applicable to black lung benefits. A pro-vision was added that stated that black lung benefits under part B were not to be considered a workmen's compensation pay-men t for the purposes of the social security offset provision, thus, part B black lung recipients will receive the total amount of their social security disability benefits if they qualify. The new law also stipulates that no coal mine operator may discriminate against a miner employed by him who is suffering from pneumoconiosis.

A new section was added which provided for amendments of part B of this law to apply to part C where appropriate, except that no employment' after June 30, 1971 would be considered as applying to the 15-year rebuttable presumption of disability included in this law.

The Secretary of HEW was instructed by this law to inform all black lung claimants who had been denied benefits that their claims were being reexamined in light of these new amendments.

supplemental security income FOR THE aged, blind, AND disabled (PUBLIC LAW 92-603) (1972)

The supplemental security income for the aged, blind, and disabled was the one major provision in H.R. 1 dealing with "welfare reform". Effective January 1, 1974, it replaces (except in Puerto Rico, the Virgin Islands, and Guam) the present State programs of aid to the aged, blind, and disabled. This program provides from the Federal Government a guaranteed monthly in-come of $130 for an individual or $195 for a couple. The first $20 of social security or any other earned or unearned income (other than income based on need) will not cause any reduction in payments. In addition, $65 of earned income plus one-half of any remaining earnings will be disregarded. Also, any amount reasonably attributable to the earning of income would be disregarded for the blind and any income necessary for the fulfillment of a plan for achieving self-support will be disregarded for persons qualifying on the basis of blindness or disability. A grandfather clause provides that any person who was on the State APTD rolls in December 1973 and who continues to meet the State definition of blindness or disability in effect as of October 1972 will qualify for SSI benefits, except that no person who is medically determined to be a drug addict or an alcoholic will be eligible for SSI benefits unless such individual is undergoing appropriate treatment. Applicants who were not on the State rolls as of December 1973 will have to meet the definition of blindness or dis-ability as stated in title II. Children under 18 with disabilities of comparable severity will be eligible.

Any aged, blind, or disabled person with resources less than $1,500 (or $2,250 for a couple) will be eligible. In determining his resources the value of a home (including land surrounding home), household goods, personal effects, an automobile, and property needed for self support will, if found to be reasonable, be excluded. Life insurance policies will not be counted if the face value of all policies is less than $1,500. (Current recipients under State programs with higher resource limits will be retained.) In determining the resources of a child under 21, the income and resources of the parents or spouse of a parent living in the same household as the child will be considered.

Any State wishing to supplement the benefits to the blind, aged, or dis-abled may do so. The law states that such payments be made to all persons who are eligible for federal supplemental payments, except where a State may require a period of residence as a condition of eligibility. The law provides no direct federal participation in the costs of State supplemental payments. How-ever, HEW will pay administrative costs of federally administered State supple-mentation. Moreover, a savings clause is included under which the Federal Government will, if it administers the State payments, assume all of a State's cost of supplemental payments which exceed' its calendar year 1972 share of the costs of aid to the aged, blind, and disabled. This savings clause will apply only to State supplementation needed to maintain the State's assistance levels in effect as of January 1972.

States are authorized to continue programs providing social services to the aged, blind, and disabled. There will be a 75-percent Federal matching for the services provided (90 percent for family planning) subject to the overall appropriation limitations established by the State and Local Fiscal Assistance Act.

The Secretary of HEW is to use the apparatus now used for social security disability determinations (sec. 221) for determinations of blindness and dis-ability under this new law. In actuality, the State agencies' decisions are imple-mented immediately and a random sample is reviewed in the regional offices for quality control as well as decision accuracy. In SSA title II claims, a random sample is reviewed in BDI central and allowances are implemented from there while denials are implemented in the State agencies.