WILCOE - Joe Massie, president of the National Black Lung Association, and is wife Nancy, who is secretary of the Fayette County chapter, addressed the November meeting of the McDowell County Black Lung Association.
Massie yielded most of the speaking to Mrs. Massie to share information on the widow’s perspective in the struggle to obtain Black Lung benefits. Mrs. Massie noted that when a black lung beneficiary dies, the benefits are stripped from the widow, who is then forced to apply for benefits all over again.
If the claimant hadn’t received the benefits before death, the widow should continue the process, though it is generally frustrating, discouraging and lengthy, Massie noted. Good record keeping is a must if the widow is to win her claim, which is why it’s necessary to save every record of every doctor report, Xray doctor visit, examination, lab report and any other medical information pertaining to the deceased claimant. The documentation, she said, will make or break the widow’s case.
Following the death of a spouse, Massie said the widow should call the Department of Labor and inquire about the status of the spouse’s case and to contact all medical facilities to request all the spouse’s medical records.
Even prior to the death of the spouse, the attending physician(s) should be asked to note on all medical records and also on the death certificate and/or autopsy report that Black Lung Disease was a contributing factor in the claimant’s illness and death. Documentation is absolutely vital, she said.

Being approved for benefits does not mean that the battle is over, Massie said, noting that coal companies often hire lawyers to appeal the favorable decision and try to take the Black Lung benefits away. The coal company attorneys, she said, will even send letters, threatening to take away the claimant’s home.
“But don’t ever return the money,” she said. “They can’t take your home. Keep every receipt for groceries, household expenses, gas, clothing, even a roll of toilet paper. Make copies of all receipts and show that you used the money to live on. When you do that, three-quarters of the time you will be able to keep the award,” she said.
Even when an applicant hires an attorney to fight the case for them, Massie said it’s still important to keep a copy of everything that is given to the attorney.
“You have to maintain copies and have a paper trail,” she said. “It isn’t that hard. Keep records of everything. It’s to your benefit to do so.”
Anyone who needs information on black lung testing or benefits is encouraged to call Tug River Health Association Benefit Counselors and Outreach Workers Dennis Robertson and Tommy Curry. Robertson and Curry may be reached in Gary at 448-3794, extension 245, or in Northfork at 862-3522, extension 24