Tibbs v. Weinberger

MEMORANDUM OPINION AND ORDER

HERMANSDORFER, District Judge.

This action seeks by summary judgment proceedings review of a final decision of the Secretary of Health, Education and Welfare denying the plaintiff’s application for widow’s benefits under the provisions of the Black Lung Benefits section of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 801, et seq. Jurisdiction is found under 30 U.S.C. § 923(b) which incorporates the provisions of 42 U.S.C. § 405(g). Jurisdiction is limited, however, to a determination upon a consideration of the administrative record…