Cress v. Secretary of Health & Human Services

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

In this action Plaintiff seeks review of the final decision of the Secretary of Health and Human Services (hereinbefore Secretary of Health, Education and Welfare; hereinafter Secretary), denying his claim for black lung benefits filed under the provisions of Sections 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. §§ 921(a) and 922(a)(1). Review in this Court is based upon the provisions of 30 U.S.C. § 923(b), which expressly incorporate Sections 205(g) and (h) of the Social Security Act. 42…