Evermont Staten v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

WIDENER, Circuit Judge:

This action was brought by the claimant, Evermont Staten, against the Secretary of Health, Education and Welfare pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), incorporated by reference in § 413(b) of the Federal Coal Mine Health and Safety Act (Act), 30 U.S.C. § 923(b), to obtain judicial review of a final decision of the Secretary denying him black lung benefits under the Act.

Staten filed a claim for black lung disability benefits on June 26, 1972. His claim was initially denied by the Bureau of Disability Insurance. After reconsidering his…