Albert Caraway v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

Because I am of the opinion that the District Judge correctly held that the administrative record contains substantial evidence to support the Appeals Council’s holding that appellant is ineligible for Black Lung Benefits, I dissent. As the majority notes, since appellant cannot meet the x-ray or ventilatory study standards, he must rely on the rebuttable presumption provision, 30 U.S.C. § 921(c)(4). The threshold requirements for this section are that he be employed 15 years or more in the mines (which appellant meets) and evidence (other than x-ray) which “demonstrates the existence of a…