Adolph E. Prokes v. Forrest David Mathews, Secretary, Health, Education and Welfare, Defendant

LIVELY, Circuit Judge.

This case arises under the Black Lung Benefits Act of 1972 1 which amended the Coal Mine Health and Safety Act of 1969. Two issues are presented: (1) the extent to which the Social Security Administration is obligated to make certain that all relevant evidence is considered in deciding black lung claims, and (2) the related issue of the validity of Social Security Ruling 73-37. The Secretary appeals from a judgment of the district court granting the plaintiffs motion for summary judgment and remanding to the Secretary for further proceedings. We affirm.

At the time of the…