NICEWONDER GROUP, LLC v. Astrue

OPINION

JAMES P. JONES, Chief Judge.

In this case, I must decide whether the decision by the Commissioner of Social Security that the plaintiff is a “related person” under the Coal Act was arbitrary and capricious. With cross motions for summary judgment before me, I find that it was, and therefore rule in the plaintiffs favor.

I

Congress passed the Coal Industry Retiree Health Benefit Act of 1992 (“Coal Act” or “Act”) 26 U.S.C.A. §§ 9701-9722 (West 2002 & Supp.2008) to ensure that the health care benefits for retired miners guaranteed by the 1950 and 1974 United Mine Workers of America (“UMWA”)…