Oliver v. Califano

MEMORANDUM, CONCLUSIONS OF LAW and ORDER

JENKINS, District Judge.

Plaintiff Oliver seeks judicial review of the final decision of the defendant Secretary of Health, Education and Welfare (hereinafter referred to as the Secretary) denying Oliver’s claim for black lung disability benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901, et seq. Jurisdiction and the standard for review of this action are found in 30 U.S.C. § 923(b), incorporating the Social Security Act, 42 U.S.C. § 405(g). As to questions of fact, the Secretary’s decision must be affirmed if supported…