Bashinsky v. Mathews

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

This is an action for Black Lung benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 921 et seq. Following the denial of his claim by an Administrative Law Judge (“ALJ”) and the Appeals Council of the Social Security Administration, the plaintiff appealed to this Court. Both the plaintiff and the defendant have moved for summary judgment based on the administrative record. Because the decision below is not supported by substantial evidence, the plaintiff’s motion will be granted.

The plaintiff first challenges the administrative…