Cress v. Heckler

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

This is an action brought pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health and Human Services. In undertaking this review, we apply the relatively deferential “substantial evidence” standard, Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

Plaintiff is a fifty-seven (T.R. 44) year old former coal miner (T.R. 48) who was also self-employed as a gas station operator. (T.R. 49). He is a recipient of black lung benefits (T.R. 67) and complains generally…