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

BAILEY BROWN, Circuit Judge.

This is an appeal from the denial of black lung benefits to an ex-coal miner who worked in the mines in excess of twenty years. Appellant, Caraway, is presently seventy years old and has a second grade education. He has not worked since approximately 1958.

Caraway first filed his application in 1970 to establish benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 801 et seq. His application was denied. Thereafter Caraway’s claim was reexamined under the 1972 amendments to the Act, and he was notified that the Social Security…