Litwak v. Secretary of Health, Education & Welfare of the United States

MEMORANDUM AND ORDER

RAYMOND J. BRODERICK, District Judge.

This action is brought under § 413(b) of the Federal Coal Mine Health and Safety Act of 1969 (“Act”), as amended in 1972, 30 U.S.C. § 923(b), incorporating § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying the plaintiff black lung benefits. The decision rendered by the Administrative Law Judge on March 15, 1976 became the final decision of the Secretary in this case when the Appeals Council approved it on May 14, 1976. The final decision held…