# SSR 72-8: SSR 72-8: SECTIONS 413(a), 414(a) and (c). -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- CLAIM FOR BLACK LUNG BENEFITS -- FILING AS PREREQUISITE FOR ENTITLEMENT -- PROTECTIVE FILING DATE > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_8 ## Section - **Citation:** SSR 72-8 - **Heading:** SSR 72-8: SECTIONS 413(a), 414(a) and (c). -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- CLAIM FOR BLACK LUNG BENEFITS -- FILING AS PREREQUISITE FOR ENTITLEMENT -- PROTECTIVE FILING DATE - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / DI / Black Lung Benefits / SSR 72-8 ## Text 20 CFR 410.221(a) and 410.229 SSR 72-8 A question has been raised as to whether an application for disability insurance benefits under title II of the Social Security Act may be used to establish a protective filing date for a subsequently filed claim for "black lung" benefits under the provisions of Part B of title IV of the Federal Coal Mine Health and Safety Act of 1969. A similar question involves an application for benefits as a disabled widow under title II, supra , and a later claim for widow's "black lung" benefits under title IV, supra . The filing of a written "application" for benefits under title II of the Social Security Act is not a mere formality; it is a substantive requirement for entitlement (for example, see sections 202(a)(3), 202(e)(1)(C)(i), 216 (i)(2)(B), and 223(a)(1)(C) of the Social Security Act). Similarly, the filing of a "claim" is a prerequisite to entitlement as a miner or a widow to "black lung" benefits (sections 413(a) and 414(a) and (c) of the Federal Coal Mine Health and Safety Act of 1969). Thus, rights may not be adjudicated, nor benefits paid, without the filing of a legally sufficient "application" or "claim," as the case may be. In the absence of an express statutory provision authorizing the making of oral "applications" and "claims," each of these terms necessarily entails the filing of a legally sufficient writing. Regulations No. 4 of the Social Security Administration implement this statutory requirement for purposes of title II of the Social Security Act. Section 404.602 (20 CFR 404.602) provides: Accordingly, the scope of the Application for Disability Insurance Benefits is indicated by the legend: Similarly, the scope of the application for Widow's Insurance Benefits is indicated by the legend: egulations No. 4 of the Social Security Administration implement this statutory requirement for purposes of title II of the Social Security Act. Section 404.602 (20 CFR 404.602) provides: Accordingly, the scope of the Application for Disability Insurance Benefits is indicated by the legend: Similarly, the scope of the application for Widow's Insurance Benefits is indicated by the legend: The filing of such a form constitutes a claim for benefits in accord with its own terms. Without more, such an application when filed constitutes a claim only under title II, or under titles II and XVIII, of the Social Security Act. The same approach has been utilized in the "black lung" benefits program. Section 410.221( a ) of Regulations No. 10 (20 CFR 410.221( a )) provides that: The prescribed "black lung" claim forms provided by the Administration each bear the legend: Thus, the filing of such a form constitutes a claim for benefits in accord with its own terms. Without more, such an application form when filed constitutes a claim only under part B of title IV of the Federal Coal Mine Health and Safety Act of 1969. The statutory requirements of the Social Security Act with respect to the filing of applications have traditionally been liberally construed. Thus, a writing not on a prescribed application form may be considered an "application" if it indicates an intention to claim benefits, is signed by a proper party, if filed with the Administration, and is perfected by the filing in due course of a prescribed application form in an authorized manner (20 CFR 404.613). This procedure has been adopted in the "black lung" program (20 CFR 410.229). These procedures serve to protect claimants' rights when such rights are dependent on filing dates and the immediate execution of a completed application on a prescribed form is not practicable is perfected by the filing in due course of a prescribed application form in an authorized manner (20 CFR 404.613). This procedure has been adopted in the "black lung" program (20 CFR 410.229). These procedures serve to protect claimants' rights when such rights are dependent on filing dates and the immediate execution of a completed application on a prescribed form is not practicable. A single writing could operate as a "protective writing" for both social security and "black lung" purposes, if it is clear from the writing that the claimant's intention is to apply for all benefits for which he might be eligible. Anything less than this minimal requirement would ignore the statutory requirement. Accordingly, it is held that where a social security application is filed prior to a "black lung" claim, the social security application may constitute a "protective writing" for "black lung" benefits only if reference is made within the prior social security application to an intention to claim "black lung" benefits. ## Nearby sections - [SSR 71-30 SSR 71-30: SECTIONS 413(a), 413(b), AND 422(d), FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969; SECTIONS 223(a), 223(b), and 224(a), SOCIAL SECURITY ACT -- DISABILITY INSURANCE BENEFITS -- BLACK LUNG BENEFITS -- MONTHLY PAYMENT PERIOD](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_30.md) - [SSR 72-8 SSR 72-8: SECTIONS 413(a), 414(a) and (c). -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- CLAIM FOR BLACK LUNG BENEFITS -- FILING AS PREREQUISITE FOR ENTITLEMENT -- PROTECTIVE FILING DATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_8.md) - [SSR 72-41 SSR 72-41: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- SECTION 412(b), (30 U.S.C. 922(b)) -- DISABILITY BENEFITS PAID UNDER STATE WORKMEN'S COMPENSATION LAW AFTER MINER'S DEATH -- PENNSYLVANIA](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_41.md) - [SSR 72-42 SSR 72-42: FEDERAL COAL MINE HEALTH AND SAFETY ACT -- SECTION 413(c) -- (30 U.S.C. 923(c)). -- FUTILITY OF FILING STATE WORKMEN'S COMPENSATION CLAIM WHERE BENEFITS ARE RECEIVED UNDER RAILROAD RETIREMENT ACT OR FEDERAL EMPLOYERS LIABILITY ACT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_42.md) - [SSR 72-65 SSR 72-65: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 412(b) (30 U.S.C. 922(b)). -- BLACK LUNG BENEFITS -- STATE WORKMEN'S COMPENSATION PAYMENT ON ACCOUNT OF MINER'S DEATH -- REDUCTION INAPPLICABLE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_65.md) - [SSR 72-66 SSR 72-66: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 412(b) (30 U.S.C. 922(b)) -- REDUCTIONS -- STATE WORKMEN'S COMPENSATION DEATH BENEFITS -- KENTUCKY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_66.md) - [SSR 73-24 SSR 73-24: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTIONS 402(d) AND 411(c) (30 U.S.C. 901) -- CLAIM FOR BLACK LUNG BENEFITS -- SERVICES AS "EMPLOYEE" A PREREQUISITE TO ELIGIBILITY FOR MINER'S BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_24.md) - [SSR 73-36 SSR 73-36: SECTION 402(f) (30 USC 901) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 AS AMENDED -- MINER'S DEATH RESULTING FROM COAL MINE ACCIDENT WHILE REGULARLY AND GAINFULLY EMPLOYED -- ESTABLISHMENT OF WIDOW'S ENTITLEMENT TO BLACK LUNG BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_36.md) - [SSR 73-37 SSR 73-37: Rescinded 1979](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_37.md) - [SSR 73-38 SSR 73-38: Rescinded 1979](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_38.md) - [SSR 74-32 SSR 74-32: SECTIONS 414(a) and 415(a) (30 U.S.C. 924(a) and 925(a), et seq.) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 AS AMENDED -- SOCIAL SECURITY ADMINISTRATION JURISDICTION FOR PAYMENT OF PART B MINERS' BLACK LUNG BENEFITS -- WHEN REQUIREMENTS FOR ENTITLEMENT MUST BE MET](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_32.md) - [SSR 74-33 SSR 74-33: SECTION 412(a)(5) (30 U.S.C 901) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- BLACK LUNG BENEFITS -- CONDITIONS FOR ENTITLEMENT FOR SIBLING](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_33.md) - [SSR 75-5 SSR 75-5: SECTIONS 411(b) and 413(b) (30 U.S.C. 921(b) and 923(b)) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- CLAIM FOR BLACK LUNG BENEFITS -- EVALUATION OF CHEST ROENTGENOGRAPHIC (X-RAY) EVIDENCE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_75_5.md) - [SSR 75-10 SSR 75-10: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 414(d) (30 U.S.C. 924(d)). -- EFFECT OF BLACK LUNG "MAINTENANCE OF EFFORT" PROVISION-REDUCTION OF STATE WORKMEN'S COMPENSATION BENEFITS DUE TO RECEIPT OF PERIODIC DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_75_10.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_8. 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