Bostic v. Harris

MEMORANDUM ORDER DENNIS R. KNAPP, Chief Judge.

This is an action to review a final decision of the Secretary denying the plaintiff’s claim for black lung benefits pursuant to sections 411(a) and 412(a)(1) of the Act, 30 U.S.C. §§ 921(a) and 922(a)(1). Section 413(b) of the Act, 30 U.S.C. § 923(b) incorporates sections 205(g) and (h) of the Social Security Act, 42 U.S.C. §§ 405(g) and (h), by reference. Pursuant to section 205(h) of the Social Security Act, 42 U.S.C. § 405(h), review under subsection (g) is exclusive.

The case is before the Court on the defendant’s Motion to file an answer out…