Birmingham v. Secretary of Health, Education & Welfare

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Before this Court are cross-motions for summary judgment filed by the plaintiff and the defendant respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 921, et seq. after his claim was heard and denied by an Administrative Law Judge (ALJ) and by the Appeals Council of the Social Security Administration.

A crucial and threshold issue is the number of years during which the plaintiff was employed in the anthracite mines. The Administrative Law Judge (ALJ) has found that…