Bush v. Weinberger

MEMORANDUM OPINION

HERMANSDORFER, District Judge.

This matter seeks by summary judgment proceedings review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for “black lung” benefits under Part B of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. As the provisions of 30 U.S.C. § 923(b) provide that review procedures should follow those established under the Social Security Act, jurisdiction is found by reference thereto under 42 U.S.C. § 405(g). Young v. Weinberger, 389 F.Supp. 979, 980…